Asbestosis decisions — 2017

The Board finds that the Veteran has a current diagnosis of asbestosis and was exposed to asbestos during service, creating a reasonable doubt in favor of the Veteran. Therefore, the claim for service connection for asbestosis is granted.

The Board has determined that the Veteran's lung condition, including asbestosis and COPD, is not related to service. There is no objective evidence of asbestos exposure in service or a current diagnosis of an asbestos-related disability.

The Veteran's asbestos related lung disease has not been rated higher than 30 percent prior to November 3, 2010.,From November 3, 2010 to September 17, 2013, the Veteran is entitled to a rating of at least 30 percent for his asbestos related lung disease.

The Veteran's asbestosis is rated at a disability rating of 60 percent, but no higher.

The Veteran's claims for increased ratings and TDIU have been remanded due to the need for clarification of medical evidence, consideration of potentially favorable evidence, and development of a VA examination.

The Board has determined that the Veteran does not have a current respiratory disorder related to his period of service, including exposure to asbestos. The Veteran's current conditions are attributed to smoking and other unrelated factors.

The Veteran's asbestosis with pulmonary fibrosis was first diagnosed on August 19, 2014. The Board has granted service connection for this condition and set the effective date at August 19, 2014.

The Board has denied reopening of the claims for service connection for asbestosis and lung disease other than asbestosis (COPD). The Veteran's claim for asbestosis was reopened, but his claim for COPD remains denied.

The Veteran has been diagnosed with asbestosis and asbestos-related pleural disease, which the Board finds is likely due to exposure to vehicle brake systems during service. The evidence is in equipoise regarding this claim, leading to a grant of service connection for asbestosis.

The Board has granted the Veteran's request to reopen his claims for service connection for headaches and asbestosis, but finds that these conditions were not incurred in or aggravated by active service.

The Board denied the Veteran's claims of service connection for a respiratory disability to include asbestosis and an initial compensable rating for bilateral hearing loss, finding that there was no evidence linking his current disabilities to his military service.

The Veteran seeks service connection for a pulmonary disability, including as due to exposure to asbestos. The case is being remanded for additional development.

The Veteran's claim for service connection for a respiratory disability, including asbestosis, is being remanded due to the need for additional medical examination and development of records.

The Board has ordered a remand to obtain an addendum opinion from the VA examiner regarding the relationship between the Veteran's service-connected conditions and his death, specifically addressing whether asbestosis or related respiratory disability aggravated Alzheimer's disease beyond its natural progression.

The Board has determined that there is no medical evidence linking the Veteran's current respiratory disorders, including asbestosis and COPD, to his period of active service. As such, the claim for service connection is denied.

The Board has determined that there is no current respiratory disorder or back disorder, and thus the Veteran's claims for service connection are denied.

The Veteran's asbestosis has been rated at 10 percent since February 7, 2002. The Board finds that a higher rating is not warranted based on the current evidence.

The Board has granted the Veteran's claims for service connection for PTSD with claustrophobia, bilateral hearing loss, tinnitus, and an acquired psychiatric disorder. The increased rating claim for asbestosis is remanded. The TDIU issue remains in appellate status.

The Board has remanded the case due to procedural issues related to the reduction in disability rating from 30% to noncompensable for asbestosis with COPD. The Veteran was not provided proper consideration of the relevant regulations governing rating reductions.

The Board has reopened the Veteran's claim for service connection for PTSD, as new and material evidence was submitted. The claim for service connection for asbestosis remains denied.,The Veteran presented testimony at a January 2017 hearing where he claimed that his current mental health disability is related to his service in Vietnam.