Asbestosis decisions — 2017

The Board found no evidence of a current diagnosis for the Veteran's claimed sinus condition and headaches, and thus denied service connection.

The Board has determined that the Veteran does not have a current diagnosis of lung disability, other than asbestosis and calcified lymph nodes, or phrenic nerve disability. The VA examinations did not find evidence of these conditions.

The Board has remanded the case for further development and consideration of the Veteran's claim for service connection for COPD, which is currently in effect due to exposure to asbestos or secondary to a service-connected condition.

The Veteran's asbestosis is currently rated at 30 percent, and the Board finds that there is not sufficient evidence to warrant a higher rating.

The Board has determined that there is no competent and credible evidence of a current diagnosis of asbestosis or any other respiratory condition not already service connected. Therefore, the claim for service connection for asbestosis is denied.

The Board has determined that the Veteran does not have a current diagnosis of asbestosis, and his COPD and emphysema are more likely due to tobacco use rather than service. As such, the claims for these conditions cannot be granted.

The Veteran's lung condition and thyroid condition are being remanded for further development to determine if they are related to service, including exposure to asbestos and herbicides.

The Veteran's service-connected reactive airway disease with asbestosis was not productive of the required criteria for a rating in excess of 60 percent prior to July 30, 2013.

The Board has determined that the Veteran's asbestosis does not warrant a higher initial rating in excess of 10 percent, given the predominant symptomatology is due to non-service-connected conditions and the DLCO score remains at 79%.

The Veteran's asbestosis was rated at a 60 percent rating from October 17, 2011 to September 24, 2012. Prior to this date, the condition did not meet criteria for a compensable rating.

The Veteran's service connection claim for pulmonary fibrosis has been granted. From November 16, 2010 through February 13, 2012, the Veteran was awarded a 20% rating for his bilateral hearing loss disability.

The Veteran's appeal has been withdrawn prior to the Board issuing a decision.

The Veteran's service connection claims for manifestations of an undiagnosed illness and asbestosis (lung condition) have been granted.

The Veteran's service-connected lung disability is not due to a severe burn injury, including as an inhalation injury. Therefore, the special home adaptation grant claim must be denied.

The Veteran's asbestosis has been rated at a noncompensable level, but the Board found that his current dyspnea is related to hypoxemia rather than asbestos exposure. The rating of 10 percent was granted based on post-bronchodilator results showing a Diffusion Capacity of the Lung for Carbon Monoxide by the Single Breath Method (DLCO (SB)) between 66 and 80 percent of predicted value.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining VA treatment records and providing a VA examination.

The Veteran's initial claim for a compensable rating for asbestosis prior to November 6, 2015 was denied. A subsequent increase in the disability rating to 30 percent effective November 6, 2015, but no higher, was also denied.

The Veteran's service-connected asbestosis has been attributed to his respiratory-related symptoms, including COPD and bronchitis. The Board is granting a 100% rating for asbestosis based on the severity of his respiratory condition.

The Veteran's asbestos-related lung disease has not resulted in breathing restrictions for which he would be entitled to a compensable rating during the period on appeal.,The RO's decision to reduce the evaluation of the Veteran's service-connected asbestos-related lung disease was supported by the evidence of record at the time of the reduction, and it was made in compliance with applicable due process laws and regulations.

The Veteran's tinnitus is related to his period of active duty service. The Board finds that the Veteran has a current diagnosis for hearing loss, lung condition (asbestos exposure), and heart condition (herbicide exposure). However, additional development is needed to determine if these conditions are related to service.