Asbestosis decisions — 2016

The Veteran's claim for service connection for a respiratory disability, claimed as asbestosis due to in-service asbestos exposure is being remanded for further development and an updated VA examination.

The Veteran's claim for service connection for tinnitus has been granted. The Board found that the evidence was in relative equipoise such that a finding of tinnitus related to service may be conceded, resolving reasonable doubt in favor of the appellant.

The Veteran's claim for service connection for a respiratory disability, including COPD and asbestosis, is being remanded due to the need for additional development regarding his exposure to herbicides.

The Veteran's claims for service connection for asbestosis and hearing loss have been reopened due to the submission of new evidence. The Board finds that there is a reasonable possibility of substantiating these claims, but the effective date cannot be earlier than when the original claim was received.

The Board has remanded the case due to incomplete medical records, including those from 2011 until the Veteran's death in April 2012. The appellant must provide any outstanding treatment records and authorize their release. Additionally, VA should obtain personnel records and service treatment records for July 1952 to May 1971.

The Board has decided to remand the case due to inadequate medical opinion and incomplete records. The Veteran's claim for service connection for a respiratory disorder, including as due to asbestos exposure, will be reconsidered with additional evidence and development.

The Veteran's appeal for service connection for asbestosis has been dismissed due to the death of the appellant.

The Veteran's service-connected disabilities, including PTSD and asbestosis, render him unable to secure and follow substantially gainful employment. The Board grants total disability rating based on individual unemployability (TDIU).

The Veteran's service-connected pulmonary asbestosis was manifested by post-bronchodilator FVC readings of at least 98.3 percent predicted from June 10, 2011 to February 24, 2014, and a post-bronchodilator FVC reading of 77.3 percent predicted from February 25, 2014 to September 1, 2014. Since September 2, 2014, the Veteran's service-connected pulmonary asbestosis has been manifested by post-bronchodilator FVC readings over 100 percent predicted.

The Veteran's appeal is being remanded for additional development, including obtaining a new VA examination and reviewing the claims file to ensure that it adequately responds to the instructions.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the relationship between his respiratory disorders and asbestos exposure during service.

The Veteran's asbestosis with pleural plaques has been rated at 60 percent since April 8, 2013. The Board granted a 100 percent rating effective February 7, 2013, due to the inability of pulmonary function testing from that date forward.

The Board has denied the Veteran's claims for service connection for residuals of a back injury, to include sciatica and erectile dysfunction (claimed as residual of treatment for pneumonia), as well as psychiatric disability, asbestos-related disease, and bilateral hearing loss. The Board found that there was no evidence linking these conditions to service or any related in-service events.

The Veteran seeks service connection for coronary artery disease and an initial, non-compensable rating for asbestos-related pleural disease. The Board is remanding the cases to obtain additional evidence regarding herbicide exposure during service.

The Veteran's lung cancer, presumed to be due to asbestos exposure during service, is granted for accrued benefits purposes.,The Veteran died of mesothelioma and lung cancer. The cause of death is considered service-connected.

The Veteran's asbestosis has been characterized by Forced Vital Capacity (FVC) above 75 percent predicted, thus not meeting the criteria for a higher initial rating.

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

The Veteran's claim for service connection for residuals of acute bronchitis is reconsidered and granted. The Board finds that new and material evidence has been received to reopen the claim, as a relevant service treatment record was submitted in June 1983.

The Board has determined that the Veteran's asbestosis, a chronic respiratory disorder, is at least as likely as not related to his in-service asbestos exposure. As such, service connection for this condition is granted.

The Veteran's respiratory disability, asbestosis, is service-connected. Effective October 4, 2012, the criteria for a total disability rating based on individual unemployability due to service-connected disabilities are met.