Asbestosis decisions — 2018

The Board has found that the Veteran's service-connected asbestos exposure residuals with pulmonary disease have not been adequately rated and requires additional VA examinations to determine the current severity of his condition. The TDIU claim is also remanded due to procedural issues.

The Veteran's initial rating for headaches was denied as his condition did not meet the criteria for a higher disability rating. The lung condition issue is remanded due to inadequate examination.

The Veteran's asbestosis with COPD was rated at 10 percent prior to December 8, 2008. It increased to 30 percent from December 8, 2008 to May 11, 2009; 60 percent from May 11, 2009 to June 12, 2014; and 100 percent after June 12, 2014. The rating was subsequently reduced to 60 percent after May 5, 2016.

The Board has determined that the Veteran's tinnitus, bilateral hearing loss, and asbestosis are related to service. The Veteran was exposed to noise in service which is considered a presumptive exposure for these conditions.

The Board denied service connection for COPD, finding that the Veteran's current diagnosis is not related to his military service or asbestos exposure.

The Board denied the Veteran's claim for service connection for a lung disorder, including asbestosis due to asbestos exposure, finding that there is no current diagnosis of asbestosis or any other lung disorder related to service.

The Veteran's appeal for higher ratings and service connection was denied. The Board found no evidence of a chronic lumbar spine disability or respiratory problems due to asbestos exposure, high blood pressure, rheumatoid arthritis of the hip, or blood blockage on the left side of the neck that were incurred in service.

The Veteran seeks service connection for a lung disorder, including lung cancer, due to Agent Orange and/or asbestos exposure. The case is REMANDED for further development.

The Veteran's service treatment records are silent for any diagnosis, treatment or complaint related to an asbestos-related disease. The Board finds that the medical evidence does not support a finding of a current disability due to in-service exposure to asbestos.

The Veteran's prostate cancer and erectile dysfunction are service connected due to exposure to Agent Orange in Vietnam. The skin cancer and pulmonary asbestosis claims remain pending.

The Board has remanded two issues: entitlement to service connection for prostate cancer and entitlement to a compensable disability rating for asbestosis. The Veteran's claims are pending due to the lack of authorization for VA to obtain relevant private treatment records.

The Veteran's initial claim for service-connected asbestosis was denied, and the Board found that a compensable rating is not warranted prior to June 8, 2017. From June 8, 2017, a 30 percent rating has been assigned.

The Veteran's lung disability, diagnosed as pleural plaques and asbestosis, is found to be related to his in-service asbestos exposure. The left ankle sprain has been rated at the maximum allowable under Diagnostic Code 5271 (10%). The acquired psychiatric disorder remains rated at 30% prior to February 10, 2016 and 50% thereafter.

The Board has decided to remand the service connection claims for mesothelioma, interstitial lung disease due to asbestos exposure and lead paint, and inguinal hernia for additional development.

The Veteran's appeal is being remanded for additional development to obtain medical records and provide a new VA examination.

The Board has remanded the case due to new evidence submitted by the Veteran regarding his exposure to asbestos during service. The Veteran will be scheduled for a VA examination and additional development is required.

The Veteran's pleural plaques due to asbestos exposure was granted a 10 percent rating prior to August 31, 2017.,From August 31, 2017, the Veteran's pleural plaques due to asbestos exposure were granted a 30 percent rating.

The Board has dismissed the Veteran's appeal for service connection for a respiratory disorder and hypertension due to his request to withdraw from appellate status. The claim of service connection for right and left knee disabilities was denied as there is no evidence that the current degenerative joint disease in both knees is related to service.

The Veteran's diabetes mellitus disability is rated at 40 percent effective November 13, 2015. The left lower extremity peripheral neuropathy is rated at 20 percent since February 6, 2015.

The Veteran's asbestosis has not met the criteria for a compensable rating under the applicable VA Rating Schedule, and his disability picture is adequately described by the current schedular evaluation.