Asbestosis decisions — 2017

The Veteran's appeal is being remanded for additional development, including obtaining service treatment records and VA treatment records. Additional examinations are also needed to assess the current severity of his right hip, right shoulder, left knee, and right knee disabilities.

The Board has remanded the case due to insufficient evidence regarding the Veteran's exposure to asbestos during service and a need for further examination to determine the etiology of any identified pulmonary disabilities.

The Board found no evidence of a currently diagnosed lung disorder, asbestosis, emphysema, or chronic obstructive lung disease (COPD) that was first manifested during active duty or is shown to be etiologically related to any injury or event in service. Therefore, the claim for service connection for a lung disorder secondary to asbestos exposure was denied.

The Board found that the Veteran's lung disorder and asbestosis are not related to his active military service, including exposure to asbestos. The claims for these conditions were denied.

The Board has determined that the Veteran's bilateral hearing loss disability and tinnitus are at least as likely as not due to service, while malaria and asbestosis have no current evidence of a disability. The claim for malaria is denied, and the claim for asbestosis is also denied.

The Veteran's asbestos-related lung abnormalities of nodules and diaphragm changes are more likely than not attributable to service. The Board has granted service connection for this condition, but the rating assigned and effective date need to be determined based on further development.

The Board found that the Veteran's COPD was not caused by or aggravated by his service-connected asbestosis. The Veteran is not in need of regular aid and attendance due to his service-connected disabilities.

The Board has awarded service connection for asbestos-related lung abnormalities of bilateral pleural plaque calcification. The issue of whether the Veteran's diagnosed COPD and/or emphysema are at least as likely as not caused by or aggravated by his service-connected asbestos-related changes of bilateral pleural plaque formation is remanded.

The Veteran's claims for right ear hearing loss and an initial increased rating for asbestosis were denied by the VA. The TDIU claim remains in appellate status.

The Veteran's appeal is being remanded to obtain additional medical records and for further examinations. The claims will be reconsidered based on the new evidence.

The Board has determined that it is factually ascertainable that the Veteran's service-connected disabilities prevented him from retaining substantially gainful employment for a period of one year prior to his February 12, 2008 claim. Therefore, an effective date of August 20, 2007, but no earlier, has been granted for the award of TDIU.

The Board has determined that the Veteran's asbestosis and colon cancer are related to his military service, with asbestos exposure being a significant factor.

The Veteran's claims for service connection for asbestosis, bilateral hearing loss, hypertension (secondary to diabetes and/or PTSD), alcoholism (secondary to PTSD), joint pain (including fibromyalgia and osteoarthritis) (secondary to PTSD), gastrointestinal condition (secondary to PTSD), initial disability rating in excess of 20 percent for diabetes mellitus, and initial disability rating in excess of 10 percent for CAD have all been denied. The Veteran's service treatment records are silent for complaints or findings of hearing loss, asbestosis, hypertension, alcoholism, joint pain, gastrointestinal condition, diabetes mellitus, or CAD.

The Veteran's appeal is being remanded due to the need for a videoconference hearing. The issues of entitlement to higher ratings for asbestos lung disease and special monthly compensation based on aid and attendance are still pending.

The Board found that the Veteran's respiratory disability, asbestosis, and bronchitis were not incurred in or aggravated by service. The claim for service connection was denied.

The Veteran's appeal involves multiple service-connected disabilities, including pulmonary tuberculosis, diabetes mellitus, peripheral neuropathy, hypertension, and erectile dysfunction. The issues include seeking increased disability ratings for these conditions.

The Veteran's claim for an earlier effective date for the grant of service connection for pulmonary asbestosis is denied because no claim was filed prior to December 16, 2009.

The Veteran's asbestos-related lung disease warrants a 60 percent rating since September 19, 2013. Effective from that date, the Veteran is entitled to TDIU due to his service-connected disability preventing him from securing or following substantially gainful employment.

The Veteran's initial claim for an increased rating for asbestos-related pleural disease was denied, as the current level of disability does not warrant a higher rating under the applicable schedular criteria.

The Board found that the Veteran does not have a current diagnosis of asbestosis and therefore denied his claim for service connection.