Asbestosis decisions — 2016

The Veteran's appeal is being remanded for additional development to determine the etiology of his respiratory disorders and to obtain a VA examination regarding his bilateral hearing loss.

The Veteran's claims for service connection for hearing loss of the right ear, asbestosis, asthma, and chronic headaches have been granted.,Service connection has also been established for a pre-existing condition (childhood asthma) that was aggravated by service.

The Board has dismissed the Veteran's appeal for service connection for asbestosis due to a grant of service connection in April 2014. The remaining claims, including service connection for post-surgery scar and higher rating for chronic obstructive pulmonary disease, are remanded for further action.

The Board has determined that the Veteran does not have a current diagnosis of asbestosis and his respiratory disorder is not related to service. As such, the claim for service connection for a respiratory disorder, including asbestosis, is denied.

The Veteran's asbestosis was rated at 60 percent from April 12, 2005 to July 28, 2009. From July 29, 2009 to April 19, 2011, the Veteran met criteria for a 100% disability rating. From April 20, 2011 to March 10, 2015, he did not meet criteria for a 100% disability rating. Since March 11, 2015, the Veteran meets criteria for a 100% disability rating.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining relevant VA and private treatment records. The claim will be reconsidered based on all evidence.

The Board has granted service connection for COPD as secondary to the Veteran's service-connected benign asbestos-related pleural disease. The issue of entitlement to an increased rating for benign asbestos-related pleural disease is being remanded for further development.

The Board has determined that the Veteran's claims of service connection for various conditions, including a dorsal spine disability, degenerative lumbar spine disorder, head injury/traumatic brain injury, memory loss, right ear and eye fluttering, acquired psychiatric disorder (to include depression), cervical spine disability, left leg disorder to include genu varum of the knee, pulmonary disability to include asbestosis, generalized arthritis, right leg disorder to include genu varum of the knee, and migraine headaches have been denied. The Board found that there was no evidence showing a direct connection between these conditions and service.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the severity of his service-connected asbestosis and whether he meets the criteria for TDIU.

The Veteran's asbestosis was granted a higher rating from 10% to 30%, effective May 17, 2013. The issue of increased rating for polyarthralgia remains pending.

The Veteran's service-connected disabilities do not combine to render him unable to secure or follow substantially gainful employment from April 18, 2014, to March 18, 2016. Therefore, his claim for TDIU during this period is denied.

The Board is remanding the claim for additional development, including obtaining medical records and scheduling a VA examination to determine if any respiratory disorder, including asthma, is etiologically related to service exposure to asbestos.

The Veteran's claim for service connection for asbestosis was received on October 18, 2001. The Board found that the evidence is in equipoise as to whether the Veteran's asbestosis manifested prior to this date and granted service connection effective from October 18, 2001.

The Veteran's claim for an increased initial evaluation for calcified pleural plaques consistent with asbestos exposure is being remanded due to the need for additional development, including obtaining a post-bronchodilator pulmonary function test and addressing the functional impairment resulting from his service-connected condition.

The Board found that there is insufficient evidence to support a finding of service connection for the Veteran's respiratory disorder, including asbestosis and pulmonary fibrosis. The weight of the evidence does not support a diagnosis of these conditions.

The Veteran's appeal is being remanded for additional development to determine if he has a respiratory disability related to service, including asbestos exposure. The total disability evaluation based on individual unemployability due to service-connected disabilities is also inextricably intertwined with the claim for a respiratory disorder.

The Board has remanded the case to the RO for further development, including obtaining service records from the Kentucky National Guard and VA Medical Center records regarding asbestos exposure. The Veteran is also requested to undergo a VA examination to determine if he has asbestosis or any other respiratory condition related to asbestos exposure.

The Board has granted service connection for asbestos pleural disease and respiratory disorder (COPD and chronic bronchitis) due to in-service asbestos exposure.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and clarifying his employment status since he last worked full-time in March 2011. A pulmonary disorders examination will be scheduled to assess the severity of his service-connected respiratory disability.

The Veteran's asbestosis disability is rated at 60 percent since March 27, 2008. The Board found that the evidence did not meet criteria for a higher rating prior to March 1, 2012 and granted a 60 percent rating thereafter.