Asbestosis decisions — 2016

The Veteran's appeal for an initial compensable rating for asbestosis has been dismissed due to the death of the claimant.

The Board finds that the Veteran's respiratory disability, including asbestosis and COPD, is not related to service or any incident during service. The preponderance of evidence does not support a finding in favor of service connection.

The Veteran's TDIU claim is granted as his service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation.

All issues related to service connection have been granted. The Veteran's cluster headaches are rated at 50% effective October 1, 2010.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Veteran's left ear hearing loss is granted service connection. Service connection for a respiratory disorder, including COPD and asbestosis, is denied.

The Veteran's claim for service connection for lung disease due to asbestos exposure is being remanded for additional development, including obtaining medical records and determining the nature of his exposure to asbestos during service.

The Veteran's asbestosis is found to be related to his in-service exposure to asbestos, and the claim for service connection is granted.

The Veteran's claim for service connection for Congestive Heart Failure is denied as there is no current diagnosis of the condition. His claim for an increased rating for Asbestosis is also denied, with his current disability level not warranting a higher rating.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and SSA disability records. The case will be reviewed again after the development is completed.

The Board has remanded the case for additional development due to inadequate VA examination and failure to comply with previous remand directives.

The Veteran's claim for an earlier effective date for the grant of service connection for asbestosis has been denied. The issues of service connection for type II diabetes, heart condition (also claimed as congestive heart failure), osteoarthritis, hyperlipidemia, and TDIU have not been addressed.

The Veteran's appeal is being remanded for additional development, including a VA pulmonary examination to determine the nature and etiology of his COPD and asbestosis, as well as to evaluate his ability to secure and follow a substantially gainful occupation.

The Board has ordered a remand to obtain additional medical evidence and determine the appropriate disability rating for the Veteran's respiratory disability, which is currently rated as 30 percent.

The Veteran's asbestosis is service connected, but his emphysema is not. The Board has granted service connection for the former and denied it for the latter.

The Veteran's appeal is being remanded due to the need for an in-person hearing before a Veterans Law Judge at the RO.

The Board has remanded the case for further development, including a VA examination to determine if any current respiratory disability is causally or etiologically related to service exposure to asbestos.

The Board has determined that the Veteran does not have a current respiratory disorder, bilateral knee disability, or bilateral ankle disability. The claims for these conditions are therefore denied.

The Veteran withdrew his appeal of the initial rating assigned for asbestosis in a December 2015 written statement.

The Veteran's chronic obstructive pulmonary disease, calcified pleural plaques, and asbestosis are all found to be attributable to service.