Asbestosis decisions — 2018

The Veteran's claim for an initial rating compensable rating for asbestosis prior to May 28, 2015, and in excess of 10 percent from May 28, 2015, is being remanded due to the need for additional development.

The Board has denied the Veteran's claims for service connection for asbestosis and a spot on the lung, finding that new and material evidence was not received to reopen these previously denied claims.

The Board has decided to remand the Veteran's claims for service connection for a respiratory disability and colon disability due to lack of medical opinions on whether these conditions are related to his military service. The claims will be reviewed again with new medical opinions.

The Veteran's service-connected disabilities (asbestosis, degenerative arthritis of the thoracolumbar spine, radiculopathy of the bilateral lower extremities, status post right inguinal hernia repair, anxiety reaction, and lumbar spine scar) have rendered him unable to secure or follow a substantially gainful occupation.

The Veteran's asbestosis is granted a 100% rating from December 5, 2017. The initial rating for vertigo remains at 60%. SMC at the housebound rate is granted effective December 5, 2017.

The Board has decided to remand the case due to incomplete development regarding the Veteran's exposure to asbestos in service and post-service, as well as the nature of his respiratory disabilities.

The Board has remanded the Veteran's claims due to incomplete records, particularly from 2013 to 2017. The claims for service connection and increased ratings are now pending.

The Veteran's asbestosis is being remanded for a new VA examination to determine the current nature and severity of his service-connected condition, with an attempt to separate any other respiratory impairments from asbestosis.

The Veteran's lung cancer and related conditions have been rated at 100% since the date of surgery, but his disability has improved over time. The Board finds that a reduction in rating is warranted as his current lung function tests do not meet the criteria for a higher rating.

The Veteran's service connection claim for a respiratory disease due to asbestos exposure is remanded as additional records are needed and an examination is required.

The Board has remanded the case for additional development, including a VA examination to assess the Veteran's service-connected calcified pleural plaques and determine if they have manifested in reactive airway disease. The issue of TDIU is also being remanded.

The Board has denied service connection for high cholesterol as it is not a disability recognized by VA. The remaining issues on appeal are being remanded due to the Veteran's assertion of increased severity since his last examination.

The Board denied the Veteran's claim for service connection for a respiratory disorder, including asbestosis and emphysema, due to asbestos exposure during service. The preponderance of evidence did not support the claim.

The Veteran's pulmonary asbestosis is granted service connection. The Veteran's obstructive sleep apnea secondary to his pulmonary asbestosis is remanded for further examination and opinion.

The Board has granted service connection for asbestosis, but the issues of service connection for asthma and chronic obstructive pulmonary disease are remanded due to insufficient opinions regarding their relationship with asbestosis.

The Veteran's initial claim for service connection of asbestos-related lung disorder was denied in March 2001. The RO accepted the Veteran's untimely VA Form 9 as a reopened claim and granted service connection with an effective date of April 3, 2007.

The Veteran's tinnitus, pleural abnormalities due to asbestos exposure, and genital warts are all granted service connection. His hypertension is presumed to be related to service.,Service connection for cluster headaches on an extraschedular basis is denied.

The Veteran's claim for service connection for PTSD was reopened due to the submission of new and material evidence. Service connection has been granted for a variously diagnosed acquired psychiatric disorder other than PTSD, including diagnoses of mood disorder, depressive disorder, and adjustment disorder with anxiety and depression. The claims for TBI, PTSD, interstitial bronchiolitis and respiratory bronchiolitis, asbestosis, and increased evaluation for COPD are remanded.

The Veteran requested to withdraw his appeals of both the service connection for an acquired psychiatric disorder and the disability rating for asbestosis. As a result, these claims are dismissed.

The Veteran's claims for increased ratings and service connection were denied. The asbestosis claim was not granted higher than the current 60% rating, while the duodenal ulcer claims were also not granted higher than the current 10-20% ratings. Service connection for kidney disorder, gout, erectile dysfunction, and sleep apnea were all denied.