Asbestosis decisions — 2018

The Board finds that the Veteran's current lung disease, diagnosed as COPD, is due to his history of smoking and not asbestos exposure. Therefore, service connection for a pulmonary disability, including asbestosis, is denied.

The Board has reopened the Veteran's claim of service connection for asbestosis and granted it, finding that there is new and material evidence to support the claim. The Veteran was exposed to asbestos during his Navy service.

The Veteran's asbestos-related pleural disease was found to have Forced Vital Capacity (FVC), Forced Expiratory Volume in one second (FEV-1), FEV-1/FVC, or diffusion capacity of the lung for carbon monoxide by the single breath method (DLCO or DLCO(SB)) above 80 percent predicted. As a result, an initial compensable rating was denied.

The Board has reopened the claim for service connection for asbestos-related lung disorder and granted it. The claims for peripheral neuropathy of the extremities, peripheral vascular disease, and increased rating for psychiatric disability are denied.

The Board has granted service connection for asbestosis, but denied service connection for bilateral hearing loss and tinnitus.

The evidence does not support a finding that the Veteran's reduced pulmonary function and restrictive lung defects are due to his service-connected asbestos-related disease of mild plural thickening, but rather are related to a nonservice-connected diaphragm weakness.

The Board has decided to remand the Veteran's claim for additional development due to the need for updated VA treatment records and a new VA examination.

The Veteran's COPD has been rated at 10 percent, the minimum compensable rating. The Board finds that the preponderance of evidence supports this rating.

The Veteran's respiratory disability, including as related to in-service asbestos exposure and/or service in the Southwest Asia theater of operations during the Persian Gulf War, has not been shown to be causally related to his active military service.

The Board has determined that the Veteran does not have a current diagnosis of asbestosis or any other respiratory disorder, and his sleep apnea is not related to service, including asbestos exposure. Therefore, the claim for service connection for asbestosis, claimed as sleep apnea, is denied.

The Veteran's asbestosis with pleural plaques has been granted a 100% evaluation, rendering the issue of TDIU moot.

The Board has reopened the claim of service connection for a respiratory disability, to include asbestosis. However, it is not warranted due to lack of evidence linking the condition to service or asbestos exposure.

The Board has denied the Veteran's claims for service connection for a respiratory disorder and an acquired psychiatric disorder.,Service connection was not granted as there is no evidence of in-service injury, disease or event to which either disorder could plausibly be related.

The Veteran's appeal for service connection for pleural disease, including asbestosis, has been dismissed due to the death of the appellant.

The Board denied the Veteran's claim for service connection for asbestosis and COPD, finding that there is no current diagnosis of either condition.