Asbestosis decisions — 2017

The Board has determined that the Veteran's asbestosis is related to his active duty service and grants service connection for this condition.

The Veteran's service-connected conditions do not meet the schedular criteria for a TDIU, and his employment difficulties are attributed to non-service connected factors.

The Board has determined that the case is remanded for further development, including obtaining an addendum opinion regarding the Veteran's respiratory/lung disability and addressing whether his pre-existing lung disorder was clearly and unmistakably aggravated by service.

The Veteran's asbestosis is due to his active service, but the current rating for the disability is noncompensable. The VA has requested additional development including a new examination to assess the severity of the asbestosis.

The Veteran's ischemic heart disease has been rated at various levels based on his level of activity that results in dyspnea, fatigue, angina, dizziness, or syncope. The rating was increased to 60% from October 3, 2005, and decreased back to 60% effective December 2, 2013.,The Veteran's bilateral hearing loss has been rated at 20% since October 13, 2010. Prior to this date, the rating was based on Level IV hearing loss in both ears. The improvement in his hearing after October 13, 2010, led to a decrease in the rating.,The Veteran's asbestosis has been rated at 30% since August 12, 2013. Prior to this date, the rating was based on FVC of 75-80 percent predicted or DLCO (SB) of 66-80 percent predicted. The improvement in his condition after August 12, 2013, led to a decrease in the rating.

The Veteran's asbestosis with bronchial asthma is currently rated at 30 percent, but the evidence does not meet the criteria for a higher rating under either Diagnostic Code 6602 or 6833.

The Veteran's bilateral pulmonary hyperinflation is found to be related to his service-connected respiratory disabilities and thus granted for recharacterization purposes only. The Veteran's service-connected respiratory disability is now classified as including bilateral pulmonary hyperinflation.

The Veteran's lung disorder, to include asbestosis, was not incurred in service and is denied.,The residuals of right-sided brain damage were not incurred in service and are denied.,An effective date earlier than May 23, 2003, for the grant of service connection for vertigo has been denied.

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claims for service connection for asbestosis and chronic rhinitis and nasal congestion. However, both claims were denied because there was no evidence relating these conditions with active duty service.

The Veteran's appeal was remanded due to scheduling issues for a hearing, and the case is now pending again with the Board.

The Veteran's asbestos-related pleural plaques with chronic cough is currently rated at 10 percent, and the Board finds that a higher rating is not warranted based on the current evidence.

The Veteran's appeal was dismissed due to his death, and no effective date earlier than September 19, 2014, for the award of service connection for asbestosis with pulmonary fibrosis is being considered.

The Board has ordered a remand due to the need for additional development, including obtaining VA and private treatment records and scheduling an examination. The Veteran's claim of service connection for chronic lung disability (asbestosis, COPD, and asthma) is being reviewed.

The VA determined that the appellant did not serve in Vietnam and thus could not be presumed to have been exposed to Agent Orange. The Board also found no evidence of a current disability related to service connection for benign prostatic hypertrophy, as there is no indication it was incurred during service.,Regarding psoriasis, while the appellant has a current diagnosis, the record does not establish that his condition is linked to service.

The Board has found that the Veteran's tinnitus is related to his in-service noise exposure and grants service connection for this condition. The issues of bilateral hearing loss and a respiratory disorder are remanded for additional development.

The Board has determined that there is no evidence showing a lung or pulmonary disorder of any kind to be etiologically related to service, including in-service exposure to asbestos. The Veteran's current lung disability is more likely due to his long-standing history of smoking.

The Board has determined that the Veteran's current pulmonary disorder, including asbestosis and chronic obstructive pulmonary disease, is etiologically related to his period of active service. As such, the claim for service connection is granted.

The Board finds that the Veteran has been diagnosed with asbestosis and resolves reasonable doubt in his favor, finding a nexus to his in-service asbestos exposure. As such, service connection for asbestosis is granted.

The Board has determined that the Veteran's asbestos-related lung disease, including pleural plaques, is related to his service and grants this claim.

The Veteran's appeal is being remanded due to the addition of new medical evidence and for obtaining outstanding VA treatment records.