Asbestosis decisions — 2018

The Board has remanded the case due to the need for a VA examination and opinion regarding the nature and etiology of any current pulmonary disability, including asbestosis and chronic obstructive pulmonary disease (COPD).

The Veteran meets the schedular criteria for a TDIU beginning March 30, 2011 due to his service-connected disabilities preventing him from securing and following substantially gainful employment.

The Veteran's service-connected disabilities do not render him incapable of securing or following a substantially gainful occupation.

The Veteran's appeal is REMANDED to the Agency of Original Jurisdiction (AOJ) for further development. The case will be returned to the Board only if full compliance with this decision is achieved.

The Board has determined that the Veteran's appeal for service connection for depression is withdrawn. The claim for a compensable rating for hypertension is granted, with an initial evaluation of 10%. Service connection for alcoholism and right shoulder disability is denied.

The Board has restored service connection for COPD and asbestosis, effective July 1, 2015, and also restored entitlement to Dependents' Educational Assistance (DEA) under 38 U.S.C. Chapter 35, effective July 1, 2015.

The Board found that the Veteran's asbestosis did not meet or approximate the criteria for a compensable rating under Diagnostic Code 6833, resulting in a denial of his claim.

The Veteran's PTSD with alcohol dependence and depression is rated at 70 percent, the highest available rating. The VA has determined that this condition significantly impacts his ability to work.,The Veteran also meets the criteria for a TDIU due to service-connected disabilities including PTSD, pulmonary asbestosis, peripheral neuropathy in both legs, and tinnitus.

The Veteran's appeal is being remanded to obtain additional medical records and for a VA examination in regard to his back disorder. The claims of service connection for asbestosis, silicosis, and sinus disorders are also being remanded.

The Veteran's claims for service connection were denied across the board due to lack of evidence supporting his assertions or current diagnoses.

The Board denied the Veteran's claims for service connection for a lung disorder and for compensation under 38 U.S.C. § 1151 for a back condition, finding no evidence of asbestos exposure or asbestosis, and concluding that his current respiratory conditions are not related to his military service.

The Board denied the Veteran's claims for service connection for pleural asbestos disease, finding that there was no evidence linking his current condition to his military service.

The Board has determined that additional development is needed to address the Veteran's claims for service connection for asbestosis and pulmonary nodules and bronchitis, claimed as asbestosis. The case will be remanded for further action.

The Board has reopened the Veteran's claims for service connection for an acquired psychiatric disorder, including PTSD and bipolar disorder. The lung disorder claim is also reopened as new and material evidence was received.,Regarding hearing loss, a VA examination was conducted in March 2014 but did not consider the Veteran's exposure to loud noises during his military service.

The Veteran's asbestosis requires a 100% disability rating effective February 26, 2015. The Veteran is not entitled to SMC based on the need for regular aid and attendance of another person or housebound status.

The Board has granted the Veteran's claim for service connection for asbestosis. The heart disorder and lumbar spine disorder claims are remanded to obtain adequate VA medical opinions.

The Veteran's currently diagnosed asbestosis and COPD are related to service exposure to asbestos, and the Board has granted service connection for these conditions.

The Veteran's claim for PTSD is denied as there is no current diagnosis of the condition.,There is insufficient evidence to establish a respiratory condition due to asbestos exposure in service.

The Veteran's claim for an initial rating in excess of 10 percent for asbestosis is being remanded due to the need for a VA examination and updated treatment records.

The Board found that the Veteran's asbestosis was less likely than not related to his service exposure, and instead attributed it to post-service civilian asbestos exposure. As a result, the claim for service connection for asbestosis is denied.