Asbestosis decisions — 2016

The Board has determined that the Veteran's asbestosis warrants a 30 percent disability rating since May 17, 2016. The condition is rated under DC 6833 due to its specific nature and manifestations.

The Board has reopened the Veteran's claim for service connection for asbestosis and found that new evidence submitted since the last final denial raises a reasonable possibility of substantiating the claim. However, the Board determined that there is no competent medical evidence linking the current asbestosis to military service.

The Veteran's asbestosis was granted a 100% disability rating effective October 26, 2010.

The Veteran's service connection claims for a lung disability resulting from asbestos exposure, bilateral hearing loss, and tinnitus have been reopened. The claim for a lung disability is granted as new and material evidence has been submitted. Service connection for bilateral hearing loss is denied. Service connection for tinnitus is granted.

The Veteran's claims for service connection and TDIU are being remanded due to the need for additional development, including a VA examination by a pulmonologist.

The Veteran's claim for an effective date prior to June 9, 2008, for the award of service connection for asbestosis evaluated as 100 percent disabling was dismissed because the earlier rating decisions became final.

The Veteran's cause of death, COPD, was not found to be service-connected. The Board determined that the preponderance of evidence did not support a finding that COPD resulted from service or any other condition related to service.

The Board found that the appellant's current COPD is not service-connected due to its being linked to his long history of smoking. The exposure to asbestos during active duty did not result in a diagnosed condition such as asbestosis, and therefore does not support service connection for this issue.

The Veteran's pleural calcification due to asbestos exposure resulted in forced vital capacity (FVC) of at least 75 percent, diffusion capacity of the lung for carbon monoxide (DLCO) of at least 66 percent, and FEV-1/FVC ratio of at least 71 percent prior to April 24, 2012. As of April 24, 2012, FVC was less than 75 percent predicted, DLCO was less than 66 percent predicted, or FEV-1/FVC ratio was less than 71 percent. The Veteran is therefore entitled to a higher rating prior to April 24, 2012 and in excess of 30 percent thereafter.

The Veteran's claim for an earlier effective date for service connection of asbestos related lung disease (pleural plaques) is denied. The Board finds that the earliest date on which he was entitled to service connection was August 27, 2010.

The Veteran's claims for service connection for a respiratory disability and blackout episodes are being remanded due to inadequate examination reports. The VA will provide the Veteran with another examination to determine the nature and etiology of any current disabilities.

The Veteran's pulmonary asbestosis is currently rated at 0 percent (noncompensable) due to FVC measurements of no less than 99 percent of predicted value and DLCO measurements of no less than 83 percent of predicted value, without limitation of maximum exercise capacity or associated cardiorespiratory limitation.

The Veteran's lung disorder was initially granted service connection with a 30 percent rating effective July 16, 2009.,A higher rating of 100 percent for the lung disorder is now warranted from February 19, 2015.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and scheduling new examinations to address the nature and severity of his service-connected disabilities.

The Board has denied the Veteran's claim for service connection for a respiratory disorder, finding that there is no evidence to support a link between his current condition and his military service.

The Board has determined that the Veteran's asbestos-related pulmonary fibrosis is due to in-service asbestos exposure and grants service connection for this condition.

The Board denied service connection for venereal disease, asbestos exposure residuals, bilateral eye disability (macular degeneration), right knee disability, and back disability as the evidence did not show these conditions were present during the pendency of the claim.

The Board has remanded the case for further development due to newly received evidence, and the Veteran's representative requested that this be done in order to consider all available information before making a decision.

The Veteran's claim for a higher rating for asbestosis is being remanded due to the need for additional medical examination and development of records.

The Board denied the Veteran's claims for service connection for a respiratory disorder and for a compensable initial disability rating for bilateral hearing loss. The appeal regarding TDIU was not addressed in this decision.