Asbestosis decisions — 2018

The Board has remanded the case due to incomplete compliance with previous remand directives, specifically regarding a pulmonary function test and maximum exercise capacity test. The Veteran's claim for an initial compensable disability rating for asbestosis is pending.

The Board found that an effective date earlier than February 25, 2013 for the grant of service connection for asbestosis (claimed as COPD) is not warranted due to lack of prior formal or informal claims. The claim was granted on February 25, 2013.

The Board has denied the Veteran's claims of entitlement to service connection for bilateral sensorineural hearing loss and tinnitus. The claim for asbestosis is remanded due to insufficient evidence.

The Board has remanded the case for further development due to concerns about in-service manifestations potentially indicative of asbestosis.

The Veteran's service-connected disabilities (bilateral hearing loss and asbestosis) are rated at 90 percent combined, which meets the schedular requirement for a TDIU rating. The Board finds that his service-connected disabilities render him unemployable due to their severity and his limited education and work experience.

The Veteran's headaches have been rated as noncompensable since July 5, 2002. The Board has granted a 30 percent rating for migraine headaches effective from the date of service connection.,The Veteran's asbestosis has been rated at 10 percent since March 3, 2010. The Board has granted a 10 percent rating for interstitial lung disease (asbestosis) effective from the date of service connection.

The appeal has been withdrawn by the appellant prior to a decision being made.

The Veteran's appeal is being remanded for further evaluation and consideration of his service-connected asbestosis with chronic obstructive pulmonary disease. A new VA examination will be scheduled to assess the current severity of his condition.

The Veteran's service-connected disabilities, including asbestos-related lung disease and bilateral hearing loss, rendered him unable to secure or follow substantially gainful employment since February 17, 2004. The Board granted a TDIU on an extraschedular basis for this period.

The Veteran's diabetes, tinnitus, hearing loss, hemorrhoids, hand blisters, and a lung disability to include asbestosis were found to have their onset in service or are related to an in-service event. The upper and lower extremity neuropathies, vision problems including retinopathy, and atherosclerosis including coronary artery disease and peripheral artery disease are caused or aggravated by the now sevice-connected diabetes.

The Board has determined that the Veteran's respiratory disorder, including asbestosis, is attributable to asbestos exposure during his active duty service and grants entitlement to service connection.

The Veteran's appeal is being remanded for additional examinations and development of his claims.

The Board has ordered additional development due to the failure of a previous VA medical opinion to address whether asbestosis, listed on the Veteran's death certificate, is related to his service. The Appellant contends that asbestos exposure during military service contributed to the Veteran's lung cancer and other respiratory conditions.

The Board has remanded the case for further development due to an incomplete consideration of a February 2014 statement from the Veteran's physician indicating that he has asbestosis dating back to his service.

The Veteran's service-connected asbestosis and bilateral hearing loss do not meet the criteria for special monthly compensation (SMC) based on need for aid and attendance or housebound status.

The Board found that the Veteran does not have a current diagnosis of asbestosis or any other disability associated with asbestos exposure, and denied service connection for both conditions. The Board also found no evidence linking the Veteran's thoracolumbar spine disability to his military service.

The Veteran's claims for service connection were denied, and the Board found that new and material evidence was not submitted to reopen any of his claims. The breathing problems claim is considered secondary to asbestos exposure, but no specific evidence has been provided. Service connection for depression and right knee disability are also denied.

The Veteran's diabetes mellitus type II was not shown to have manifested during active military service or within one year of separation, and is not etiologically related to service.,The Veteran's testicular condition did not manifest during active military service or within one year of separation, is not etiologically related to service, and is not caused by a service-connected disability. The shortness of breath was not shown to have manifested during active military service or within one year of separation, is not etiologically related to asbestos exposure in service, and is not caused or aggravated by a service-connected disability.,The Veteran's swollen right leg and left leg are considered acute symptoms of right heart failure which resolves with diuretics.

The Board has denied a higher initial rating for the Veteran's asbestos lung disease with COPD, finding that the current ratings adequately reflect his disability.

The Veteran's asbestosis, rectal carcinoma, and metastatic cancer to the lungs were not found to be related to his service or exposure to asbestos. The Board denied these claims due to lack of evidence supporting a nexus between the conditions and service.