Asbestosis decisions — 2016

The Veteran's claim for an initial compensable rating for asbestos-related disease of mild pleural thickening is being remanded due to the need for additional development, including a VA examination with a board-certified pulmonologist.

The Board found that the Veteran does not have a current diagnosis of asbestosis and therefore, service connection for asbestosis is denied.

The VA determined that the Veteran's current respiratory disorders, including asthma and asbestos-related pleural plaques, are not related to his military service, specifically his in-service exposure to asbestos. The Board found no evidence of a chronic disease during service or any link between the claimed conditions and service.

The Board has remanded the case for additional development, including obtaining service treatment records and seeking an addendum opinion regarding the Veteran's lung condition and TBI.

The Board has determined that the evidence is at least in equipoise as to whether asbestosis, a service-connected condition, was a contributory cause of the Veteran's death. As such, service connection for the cause of the Veteran's death is granted.

The Veteran's diabetes mellitus, type II is presumed service-connected due to herbicide exposure in the Republic of Vietnam. The Board has granted this claim.

The Veteran's left leg radiculopathy is rated at 10 percent since October 22, 2009 and denied for an increased rating. The Board found that the evidence does not support a finding of unemployability due to service-connected disabilities.

The Veteran's appeal is being remanded due to a scheduling issue for his requested videoconference hearing. The issues of service connection for bilateral hearing loss, COPD, and asbestos plaques remain pending.

The Board has remanded the case for additional development due to incomplete medical opinions and missing records.

The Board has denied the Veteran's claims for service connection for lung disability (claimed as asbestosis and silicosis) and Meniere's disease. The evidence does not support a finding of service connection for these conditions.

The Veteran's claim for service connection for asbestosis is being remanded due to the need for additional medical opinions and development of records.

The Board finds that the Veteran's currently diagnosed lung disorders are not etiologically related to his in-service asbestos exposure, but rather are more likely due to post-service occupational exposure. The claim is denied.

The Veteran's PTSD has been rated at 70 percent, effective prior to May 13, 2014. The rating is based on the severity of symptoms such as isolation, depression, sleep disturbance with nightmares, social anxiety, panic attacks, avoidance, irritability, angry outbursts, occasional suicidal and homicidal thoughts, and some memory issues.

The Board has reopened the claim for service connection for a respiratory disorder, but denied it as there is no current diagnosis of such.,The Veteran's chest condition (claimed as costochondritis) was not previously adjudicated and new evidence received within one year raises a reasonable possibility of substantiating the claim.

The Veteran's appeal is being remanded for additional development, including obtaining a VA medical opinion regarding the relationship between his service-connected asbestosis and any current respiratory disorder. The case will also be reviewed to determine if a TDIU should be granted.

The Veteran's asthma with asbestosis is associated with a DLCO reading of 47 percent predicted and FVC range from 50 to 64 percent of predicted value, warranting a 60% disability rating effective September 22, 2009 to April 21, 2015.

The Board has decided to remand the Veteran's claims due to the need for additional development, including rescheduling VA examinations and obtaining outstanding medical records.

The Veteran's tinnitus is found to be etiologically related to noise exposure during active military service, and thus service connection for this condition is granted.

The Veteran has been granted service connection for COPD, which is considered a direct result of his in-service exposure to asbestos and/or other chemicals.

The Board has remanded the case due to a hearing issue and will be returned for further review.