Asbestosis decisions — 2018

The Veteran's appeals for effective dates prior to May 20, 2013, for the grant of service-connection for asbestosis, bilateral sensorineural hearing loss, and tinnitus have been dismissed due to his death.

The Board has remanded the issues of service connection for left shoulder, left knee, right knee, left elbow, and right-hand disabilities. The issue of an increased rating for amputation, middle toe, left foot is also being remanded.

The Board denied the Veteran's claim of service connection for asbestosis, finding that there is no current disability and no causal relationship to service.

The Veteran's claim for an earlier effective date for COPD and asbestosis service connection is denied. The RO has already assigned the earliest possible effective date of March 17, 2016.

The Veteran's asbestosis was rated at 100 percent disabling from May 22, 2014, and the claim for a higher evaluation is denied.

The Board has found that there has not been substantial compliance with its remand directives and will again remand for further development, including obtaining a combined effects medical opinion to address the Veteran's service-connected disabilities.

The Veteran's claim for service connection for psoriasis is reopened and granted. The appeal for service connection for a respiratory disorder, including asbestosis, chronic bronchitis, allergic rhinitis, and sinusitis, is remanded.

The Veteran's asbestosis has been rated at 0 percent since January 2010. The VA examiner found that the Veteran’s symptoms did not meet or approximate a compensable level of impairment, and therefore denied an initial increased rating.

The Veteran's asbestosis is at least as likely related to in-service asbestos exposure, and the Board has granted service connection for this condition.

The Board has granted the reopening of the claim for service connection for asbestosis and has determined that there is a reasonable possibility that the Veteran's current asbestosis was caused by in-service asbestos exposure. As such, the claim for service connection is granted.

The Board has remanded the claims of service connection for a chronic respiratory disorder and leukemia due to new diagnoses and lack of medical opinions on these issues.

The Veteran's claim for service connection for coronary artery disease and asbestosis has been denied. The Board found no evidence to support the Veteran's contention that his conditions were related to his military service, specifically exposure to herbicide agents.

The Board denied service connection for a lung disability, including asbestosis and COPD, due to asbestos exposure during active service. The Veteran's bilateral hearing loss was also denied an initial compensable rating.

The Board has granted service connection for asbestosis with lung scarring, finding that it was caused by the Veteran's in-service asbestos exposure.

The Veteran's current interstitial fibrosis compatible with asbestosis is related to asbestos exposure during service and has been granted service connection.

The Board has determined that the Veteran's asbestosis is etiologically related to his in-service asbestos exposure and grants service connection for this condition.

The Veteran's claim for tinnitus was denied as there is no evidence of a current disability related to service.,The Veteran's breathing condition (presumed to be related to asbestos exposure) was not granted as the VA examiner found insufficient in-service exposure to cause the condition, and did not reconcile with past medical records that diagnosed asbestosis.,The Veteran's claim for type II diabetes mellitus was denied as there is no evidence of a current disability related to service. The VA examiner found insufficient in-service exposure to cause the condition, and did not reconcile with past medical records that diagnosed the condition during service.,The Veteran's claims for anatomical loss of the right and left lower extremities were not granted as there is no evidence of a current disability related to service.,The Veteran's claim for peripheral neuropathy of the right and left upper extremities was not granted as there is no evidence of a current disability related to service. The VA examiner found insufficient in-service exposure to cause the condition, and did not reconcile with past medical records that diagnosed the condition during service.,The Veteran's claim for stroke was not granted as there is no evidence of a current disability related to service.

The Veteran's appeal for an initial compensable rating for asbestos-related pleural disease is dismissed. The Board also remanded the issue of entitlement to a total disability rating due to individual unemployability (TDIU).

The Veteran's asbestosis with asthma is rated at 30 percent prior to June 5, 2015 and denied for a higher rating thereafter. The case is remanded for extraschedular consideration.

The Board has denied service connection for asbestosis, low back disability, gastroesophageal reflux disease (GERD), and mood disorder. The issues of service connection for these conditions are being remanded due to insufficient examination reports.