Asbestosis decisions — 2017

The Veteran's current bilateral hearing loss and tinnitus are not related to service, as they did not manifest within one year of separation from active duty.,The Veteran has a current lung disability (Interstitial Lung Disease - Asbestosis) that is related to post-service asbestos exposure.

The Board denied the Veteran's claims for service connection for various conditions, including a back disorder, bilateral upper extremity orthopedic disorders, hypertension, diabetes mellitus, lung disorders (including chronic obstructive pulmonary disorder and emphysema), and posttraumatic stress disorder. The decision found that these conditions were not incurred or related to active duty service.

The Veteran's claim for an increased rating for his service-connected asbestosis is being remanded due to the need for a new VA examination to assess the current severity of his disability.

The Board has granted service connection for a back disorder, finding that the Veteran's current condition is related to his military service. The lung disorders are not considered service-connected due to lack of evidence supporting their onset during service.,Regarding the renal disorder claim (38 U.S.C. § 1151), no decision was made as this issue was addressed in a separate REMAND.

The Board denied an initial compensable rating and a higher rating for asbestosis, and also denied the Veteran's request for an earlier effective date prior to December 2, 2010 for service connection.

The Veteran's appeal for a compensable rating for service-connected asbestosis has been dismissed due to his death.

The Veteran's claim for an initial compensable rating for asbestosis with bilateral calcified pleural plaques is being remanded due to the need for additional VA and private treatment records.

The Veteran's claim for a compensable rating for asbestosis is being remanded due to the need for additional development, including obtaining VA treatment records and scheduling a new VA examination.

The Veteran's asbestosis has not been manifested by forced vital capacity (FVC) of 80 percent predicted or less or Diffusion Capacity of the Lung to Carbon Monoxide by the Single Breath Method (DLCO) (SB) of 80 percent predicted, and thus does not meet the criteria for an initial compensable rating.

The Veteran's current pulmonary disorders are not shown to be related to his service or asbestos exposure, and the VA examiner did not find evidence of asbestosis. The Veteran's COPD is considered a direct result of his service-connected sinusitis and rhinitis.

The Board has determined that additional development is needed to address the Veteran's claims, including obtaining VA and SSA records, scheduling a psychiatric examination, and providing an opinion on the etiology of various conditions.

The Board has remanded the case to the AOJ for further development, including obtaining VA treatment records and scheduling a VA examination. The Veteran's claim will be readjudicated after these actions.

The Board has found that the Veteran's rheumatoid arthritis is etiologically related to his active duty service. The claims for COPD and asbestosis are remanded due to lack of a VA examination.

The Veteran's disability picture most nearly approximates the criteria for a 30 percent disability rating, and the Board has granted an increased rating of 30 percent effective May 16, 2014.

The Veteran's claim for service connection for COPD is being remanded due to the need for further medical opinion regarding whether his COPD was aggravated by his service-connected lung disability.

The Board found that the Veteran's asbestosis did not meet the criteria for a compensable rating, and thus denied his claim.

The Board has determined that the Veteran's pulmonary disorder, including asbestosis, is not related to service and has denied his claim for service connection.

The Veteran's asbestos lung disease has not resulted in the required criteria for a higher rating under the applicable diagnostic codes. His disability remains at 30 percent.

The Veteran's fibrosis due to asbestos exposure is rated at 30 percent, effective from December 22, 2011. The Veteran's COPD is not service-connected and does not affect his rating for fibrosis.

The Veteran's service connection claim for pulmonary asbestosis is granted. The claim for a respiratory disorder other than pulmonary asbestosis is denied.