Asbestosis decisions — 2017

The Board has determined that the Veteran does not have a current diagnosis of COPD, asbestosis, or a back disorder. The evidence received since the March 2010 rating decision is insufficient to reopen the claims for service connection for these conditions.

The Veteran is entitled to a TDIU effective as of his retirement in 2008 due to service-connected disabilities. The Board also found that the Veteran's service-connected asbestosis does not present an exceptional or unusual disability picture, warranting no extraschedular rating.

The Veteran's asbestosis with pulmonary fibrosis is service-connected, and the cause of his death was also due to this condition.

The Veteran's PTSD and depressive disorder are service-connected, as is his tinnitus. His peripheral neuropathy of the bilateral lower extremities and asbestosis are not service-connected.

The Veteran's claim for a respiratory disorder, including asbestosis, is denied because there is no current diagnosis of such condition.

The Board finds that additional development is required for the claim of service connection for asbestosis, which was claimed due to exposure to asbestos during service. The Veteran has been provided a VA examination and his lay statements have triggered the duty to assist.

The Board has granted a 100% rating for asbestosis effective December 19, 2014. The Veteran's disability level increased during the one year look-back period prior to his claim filed on June 18, 2015.

The Board finds that the Veteran's hypertension is related to his active service and grants service connection for this condition. The preponderance of evidence does not support a finding that the Veteran currently has any residuals of asbestos exposure, including headaches and shortness of breath, incurred in or related to active service.

The Board has remanded the case for further adjudication due to a request for substitution of the appellant as the Veteran's representative in the asbestos exposure claims. The DIC and cause of death claims are also being considered.

The Board has determined that a remand is required due to the Veteran's failure to attend scheduled VA examinations. The case will be returned for further development and consideration.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the severity of his service-connected asbestosis and determine its impact on his employability.

The Veteran's service-connected disabilities, including asbestosis with pleural plaques, did not render him unemployable prior to October 11, 2010. From October 11, 2010 through February 6, 2013, the criteria for a TDIU were met due to his service-connected asbestosis with pleural plaques.

The Board has determined that the Veteran's lung cancer and asbestos related lung disease are related to his in-service asbestos exposure, which is considered a direct service connection. The cause of death due to bladder cancer and lung cancer is also being addressed.

The Board denied the Veteran's claims for increased ratings for asbestos-related pleural disease and bilateral hearing loss, finding that the current disability levels did not warrant a higher rating under VA's schedular criteria.

The Veteran's appeal is being remanded for further development, including a VA pulmonary examination and the provision of outstanding VA treatment records. The case will be readjudicated after these actions.

The Board has remanded the case for further development, including obtaining an addendum opinion from a VA examiner to address whether it is at least as likely as not that any currently diagnosed respiratory disorder, to include pulmonary asbestosis and sarcoidosis of lung, was caused by or resulted from the Veteran's military service.

The Veteran's service-connected disabilities do not render him unable to secure and follow a substantially gainful occupation, as he is able to perform sedentary work despite his knee issues.

The Board has granted service connection for asbestos-related calcified pleural plaques, but the Veteran is seeking a higher initial rating. The VA will conduct further development and provide an updated VA examination to determine if the Veteran's condition warrants a higher disability rating.

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

The Board has remanded the case for additional development to ensure that all relevant evidence is obtained and considered.