Asbestosis decisions — 2017

The Veteran's service-connected asbestosis and major depressive disorder prevented him from obtaining and retaining substantially gainful employment prior to October 19, 2016.

The Board has remanded the case for a VA examination and further development due to incomplete information and evidence. The Veteran's claims for service connection for COPD and asbestosis are pending.

The Board found that the Veteran's current respiratory disorder, including asbestosis, is not related to his service and denied his claim for service connection.

The Veteran's asbestosis has been granted service connection based on in-service asbestos exposure. The Board also found that the Veteran's current diagnoses of emphysema, chronic obstructive pulmonary disease (COPD), and sleep apnea are related to his service-connected asbestosis.

The Board has granted service connection for residuals of a broken nose, to include a deviated septum. The other issues related to asbestosis, fatigue, post-traumatic stress disorder, and ischemic heart disease are being remanded.

The Veteran's claims for service connection and initial evaluations for various foot conditions, including left tarsal tunnel syndrome and diffuse idiopathic hyperostosis of the lumbar spine, were denied. The Board found no evidence linking any current disabilities to service or service-connected conditions.

The Veteran's claim for a higher rating for his service-connected asbestosis is being remanded due to the need for additional development, including an examination.

The Board has found that the Veteran's tinnitus, bilateral hearing loss, and asbestosis are related to service. The claim for service connection is granted.

The Veteran's lung disability, including asbestosis and COPD, is being remanded for additional development to determine the nature and etiology of his respiratory disorder.

The Board is unable to determine the nature and etiology of the Veteran's left knee disability, breathing problems, and vision problems due to service connection issues. The case is being remanded for further development.

The Veteran's claims for service connection were granted, with the exception of a few issues. The Board found that the Veteran had current diagnoses and credible evidence supporting his reported stressors related to combat experience in Vietnam. Service connection was established for PTSD based on exposure to hostile military activity.

The Veteran's appeal has been withdrawn prior to the Board making a decision.

The Veteran's asbestosis resulted in forced vital capacity (FVC) of 94 percent predicted or more, and diffusion capacity of the lung for carbon monoxide by the single breath method (DLCO (SB)) of 89 percent predicted or more prior to July 29, 2016. On and after July 29, 2016, the Veteran's asbestosis resulted in a FVC of greater than 50 percent predicted; a DLCO (SB) of greater than 40 percent predicted and a maximum exercise capacity greater than 15 ml/kg/min oxygen consumption with cardiorespiratory limitation. The Board finds that neither period warrants an increased rating.

The Board found no credible evidence of asbestos exposure during service and denied the claim for asbestosis or any asbestos-related disability.

The Veteran's claim for a compensable initial rating for service-connected asbestosis is being remanded due to the need for further development, including an updated VA examination.

The Veteran's asbestosis-related pleural disease and interstitial fibrosis of the lungs were rated at 10 percent prior to October 21, 2009, and at 60 percent from October 21, 2009 to June 28, 2011. The Board found that these ratings did not meet the criteria for higher disability evaluations under the applicable rating schedule.

The Board has determined that the Veteran's COPD is service-connected, but his Asbestosis was not incurred or aggravated by service.

The Board denied the Veteran's claim for service connection for a lung disability, including asbestosis, pleural scarring, and fibrosis. The evidence did not support a finding that his current lung disability was caused by in-service asbestos exposure.

The Board has determined that an earlier effective date for the grant of service connection for asbestosis is not warranted, and thus January 9, 2015 is both the earliest date of claim and possible effective date for the June 2015 grant of service connection.

The Veteran's tinnitus was found to be incurred in service, and the Board finds that there is at least a 50% probability it is related to his military service. The other claims are remanded for additional development.