Asbestosis decisions — 2018

The Veteran's current pulmonary functioning is attributed to his nonservice-connected COPD, not his service-connected asbestosis. As a result, the Veteran does not meet the criteria for an initial compensable disability evaluation for asbestosis.

The Board has determined that an effective date earlier than August 22, 2013 for the grant of service connection for asbestosis is not warranted. The Veteran's claim was filed on August 22, 2013 and no prior communication indicated intent to apply for this condition.

The Veteran's right hand/wrist disability is not service-connected as it pre-existed his active duty and was not aggravated by service.,Fibromyalgia, respiratory disorder (COPD/Emphysema), and gastroesophageal reflux disease (GERD) are not service-connected as they did not manifest during or due to service. OSA is also not service-connected as it pre-existed his active duty and was not aggravated by service.,Obstructive Sleep Apnea (OSA) is service-connected as it first manifested after the Veteran's second period of service.

The Board has determined that the Veteran's asbestosis does not meet or approximate the criteria for a compensable rating under any applicable diagnostic code.

The Board found that the Veteran does not have a current diagnosis of COPD or asbestosis, and thus denied service connection for these conditions. The TDIU claim is also denied.

The Veteran's appeal has been dismissed as he requested to withdraw his appeals for the issues of entitlement to increased initial ratings for service-connected pleural asbestosis and PTSD.

The Veteran's claims for an initial compensable rating for asbestosis and a TDIU are being remanded due to the need for additional examination and development.

The Veteran's asbestosis has not met the criteria for a higher rating than 10 percent.

The Veteran died from a head injury, but there is no evidence linking his breathing problems or asbestosis to his military service. Therefore, the claim for service connection for cause of death is denied.

The Veteran's appeal is being remanded due to the need for a new examination of his asbestosis and further development regarding his TDIU claim.

The Board has determined that the Veteran's respiratory disorder, including COPD and asbestosis, is related to his active service. The appeal for service connection is granted.

The Board has determined that the Veteran's asbestosis is not related to his active duty service and therefore denied his claim for service connection.

The Veteran's COPD is found to be service connected, while his pleural plaques are not shown to cause any symptoms and are rated as noncompensably disabling.

The Veteran's claims for service connection were denied as there was no evidence of an in-service event, disease, or injury that could be linked to the claimed conditions. The Board found that the Veteran did not have a right knee disability, left knee disability, shin splints of either leg, cervical spine disability, thoracolumbar spine disability, carpal tunnel syndrome and arthritis of the wrists and hands, or sinus disability due to asbestos exposure.

The Veteran's asbestosis resulted in DLCO (SB) scores between 40 to 55 percent predicted from July 6, 2010, to January 6, 2016. This meets the criteria for a 60% disability rating under Diagnostic Code 6833.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA examination reports to assess the severity of his pulmonary asbestosis and bilateral hearing loss disabilities.

The Veteran's death was not caused by his service-connected conditions, and the criteria for DIC benefits under 38 U.S.C. § 1318 were not met.

The Board denied service connection for COPD as a result of asbestos exposure, finding no objective evidence linking the Veteran's death to such exposure. The cause of death was determined to be aspiration pneumonia secondary to chronic obstructive pulmonary disease (COPD), which had been diagnosed in 1996 and progressed over time.

The Board denied the Veteran's claims for service connection for bilateral hearing loss, migraines, heart disability, arthritis, and respiratory disability due to lack of evidence linking these conditions to his military service.

The Veteran has been granted service connection for diabetes mellitus and CAD, both presumed due to exposure to Agent Orange. The Veteran's chronic headaches are considered presumptive due to Agent Orange exposure.,Service connection is also granted for emphysema as a result of asbestos exposure, while the Veteran's pneumothorax claim remains pending.