Asbestosis decisions — 2016

The Veteran's diabetes mellitus, type II, is presumed to have been incurred in service due to his Vietnam-era service. The Board has granted service connection for this condition. For the other issues, including bilateral hearing loss, tinnitus, and hypertension, additional evidence is needed as they are not clearly related to service or presumptive exposure. A respiratory disability claim based on asbestos exposure will be addressed after obtaining updated medical records.

The Board has remanded the case for further development and to afford the Veteran a hearing.

The Veteran claims service connection for a respiratory disorder, including asbestosis. The VA has not completed the necessary investigation to verify his claimed asbestos exposure and has not obtained all relevant medical records. A remand is required to investigate the Veteran's exposure history and obtain any outstanding treatment records.

The Board denied service connection for asbestosis and the cause of death due to asbestosis and COPD in February 2006. The Veteran's asbestosis was not shown to be related to his military service, and there is no evidence that he developed these conditions from exposure during service.,In December 2015, a VA opinion concluded that the Veteran's current asbestosis and COPD are not causally or etiologically related to his military service.

The Board denied the Veteran's claims for service connection for a chronic low back disability and asbestosis, finding no evidence of current disabilities or in-service incurrence.

The Veteran's bilateral hearing loss and tinnitus are found to have started during his military service.,The Veteran's right hand fracture residuals and pulmonary disorder (including asbestosis) are not currently established by the evidence.

The Board found that the Veteran does not have presumptive bronchiectasis or any asbestos-related disease. The Veteran has objective medical evidence of COPD in the form of emphysema, which was first shown many years following discharge from service and is more likely than not related to years of cigarette smoking and less likely than not related to in-service asbestos exposure.

The Board has determined that the Veteran's current asbestosis is causally related to his in-service asbestos exposure, and thus grants service connection for asbestosis.

The Veteran's claims for sleep apnea and asbestos-related respiratory condition are inextricably intertwined with his hearing loss and tinnitus. The Board has therefore remanded these issues to obtain additional medical opinions and development.

The Board found that the Veteran's hypertension and asbestosis were not related to service or a service-connected disability, thus denying both claims.

The Veteran's claim for an initial compensable evaluation and TDIU based on asbestosis is being remanded due to the need for additional development, including obtaining VA treatment records and a respiratory examination.

The Veteran's claim for service connection for a lung disease, including asbestosis and exposure to environmental hazards such as asbestos and jet fuel, is being remanded due to the need for further examination and development of records.

The Veteran's lung disability, including COPD, asbestosis and pleural plaques, is being remanded for additional development due to inadequate examination.

The Board has reopened the claim of entitlement to service connection for COPD, but denied the claim of entitlement to service connection for asbestosis. The case is REMANDED for additional development.

The Board found that the Veteran's service connection claims for asbestosis, COPD, emphysema, and bronchitis were not supported by evidence of a current disability related to his military service. The VA examinations did not support a diagnosis of asbestosis or establish a link between any diagnosed conditions (COPD, emphysema, and bronchitis) and the Veteran's military service.

The Veteran's service-connected asbestosis is not productive of forced vital capacity (FVC) of 64 percent or lower, or diffusion capacity of the lung for carbon monoxide (DLCO) of 55 percent predicted or less since March 27, 2012. Therefore, a rating in excess of 30 percent is denied.

The Board has determined that the Veteran's bilateral hearing loss disability is service-connected, but his asbestosis claim is denied due to lack of current diagnosis.

The Veteran does not have residuals of rheumatic fever, and his current diagnoses are not attributable to service.,Asbestosis is not due to claimed asbestos exposure.

The Board has ordered the Veteran's private treatment records to be obtained and a VA examination is scheduled. The claim will be remanded for further development regarding exposure to asbestos during service, as well as an evaluation of his current respiratory disorder.

The Board has remanded the case for additional development, including obtaining full pulmonary function test results and an addendum opinion from the VA examiner. The Veteran's claim for increased rating of asbestosis is now pending.