Asbestosis decisions — 2016

The evidence does not support a current diagnosis of asbestosis or other asbestos-related pulmonary disorder, and the Board finds that service connection for these conditions is denied.

The Veteran's appeal is being remanded due to the failure to issue a Statement of the Case on his service connection claim for lumbar spine degenerative arthritis and because he missed his scheduled videoconference hearing. His initial compensable rating claim for asbestosis with pleural plaques remains under review.

The Board has determined that additional development is necessary before a decision can be made regarding the Veteran's claims for service connection and increased rating for his pleural plaques associated with asbestos exposure with emphysema, as well as his obstructive sleep apnea.

The Board has determined that the Veteran's current diagnosis of asbestosis is causally related to his exposure to asbestos during active military service, and therefore grants service connection for asbestosis.

The Board has remanded the case for additional development, including obtaining VA treatment records and providing medical opinions regarding asbestos exposure, hepatitis B, and C. The Veteran's claims of service connection for these conditions are pending.

The Board has determined that the Veteran's aboard-ship asbestos exposure during service was minimal, and thus insufficient to result in current diagnoses of the claimed respiratory disorders.

The Veteran's pulmonary fibrosis, due to asbestosis, was found to be related to his asbestos exposure during military service.,The Veteran died from pulmonary fibrosis, with underlying cause being asbestosis. His service-connected pulmonary fibrosis is considered the principal cause of death.

The Veteran is found to be unemployable due to his service-connected asbestosis and depressive disorder, preventing him from securing or following any substantially gainful occupation based on his education and work experiences.

The Veteran's service-connected asbestosis with chronic obstructive pulmonary disease has prevented him from working, but he does not meet the criteria for a TDIU due to other service-connected disabilities.

The Veteran's appeal has been withdrawn by his representative, and the Board is dismissing the case.

The Board has determined that the Veteran does not have a current diagnosis of asbestosis or obstructive sleep apnea, and thus cannot establish service connection for these conditions. The dental disorder claim was withdrawn by the Veteran and his representative.

The Board has determined that the Veteran's death was not caused by any service-connected disability, and thus denied his claim for service connection for the cause of his death.

The Veteran seeks reimbursement or payment for unauthorized medical services provided at Flagler Hospital from May 25, 2011 to May 26, 2011. The VAMC must consider whether a VA facility was capable of accepting transfer of the Veteran on May 24, 2011.

The Veteran's hypertension was not incurred in or aggravated by service, and the Board denied his claim. The VA examination report is inadequate for adjudicative purposes regarding bilateral pes planus, asbestosis, and a back disability.

The Board has determined that the Veteran's service-connected asbestosis requires an initial 100 percent rating due to his need for outpatient oxygen therapy, which raises a reasonable doubt about whether part of this condition is attributable to his COPD.

The Board has determined that the Veteran's asbestosis with pleural plaques warrants a disability rating of no more than 30 percent, based on his pulmonary function test (PFT) results which have consistently been within the range for a 30 percent rating. The preponderance of evidence does not support an increase in the rating.

The Board has determined that the Veteran's calcified pleural plaques indicative of pleural-based asbestos lung disease do not meet or approximate a compensable rating based on current FVC and DLCO (SB) results.

The Board has granted service connection for the Veteran's calcified pleural plaques as a result of asbestos exposure, finding that this falls under the 'direct' theory of service connection.

The Board found that the Veteran does not have a current pulmonary disability and denied his claim for service connection.

The Board has determined that new and material evidence has been received to reopen the claim for service connection for asbestosis. The Veteran's current diagnosis of asbestosis is found to be at least as likely as not related to his in-service asbestos exposure, even if he had further post-service occupational exposure.