Asbestosis decisions — 2018

The Veteran's pulmonary disease, related to asbestos exposure and asthma, is currently rated at 30 percent. The Board finds that a higher rating is not warranted.,The Veteran has been diagnosed with diabetes mellitus type II and diabetic nephropathy. The VA examiner opined that the preponderance of medical literature does not establish a causal relationship between drinking contaminated water at Camp Lejeune and the development of chronic kidney disease in the Veteran.

The Board dismissed the Veteran's claims of service connection for breathing disability due to asbestos exposure, eye condition (claimed as bad eyes), dental condition (claimed as bad teeth), bilateral hearing loss, and tinnitus. The issues were withdrawn by the Veteran during a June 2018 videoconference hearing.

The Board has remanded the case due to insufficient medical evidence and an incomplete record review. The Veteran's hypertension is being reviewed for possible secondary service connection with his asbestosis.

The Board denied service connection for a right shoulder disability, low back disorder, and left hip disorder. The Veteran's right shoulder condition is not related to his military service as there was no chronic right shoulder disability in service or after separation. For the low back disorder, the Veteran did not have arthritis within one year of separation from service, and the Board found that the current back disability was not caused by an in-service injury. The left hip disorder claim was denied because there is no evidence of a diagnosis of arthritis within a year of separation. Service connection for lung cancer due to asbestos exposure was also denied as there was no objective medical evidence indicating such a condition.,The Veteran's right shoulder, low back, and left hip conditions were not found to be related to his military service.

The appeal is dismissed due to the Veteran's death, and no service connection decisions are made as a result.

The Board has determined that there is no evidence to support a finding of service connection for the Veteran's lung disability, including asbestosis, COPD, and ILD. The preponderance of the evidence does not establish a nexus between these conditions and his active military service.

The Board has reopened the Veteran's claim for service connection for a respiratory disorder due to new evidence showing current asbestosis and use of a CPAP machine. However, the issue remains remanded as the RO needs to develop how the Veteran was exposed to asbestos during service.

The Board has granted the Veteran's claim for service connection for tinnitus. The cases of lumbar spine disability, bilateral hearing loss, and asbestosis are remanded due to the need for additional medical examinations.

The Board has denied service connection for asbestosis and remanded the claims of service connection for tongue cancer and an acquired psychiatric disorder.,For the tongue cancer claim, a VA examination is needed to determine if it had its onset in service or is otherwise related to any in-service disease, event, or injury, including possible herbicide agent exposure.

The Board has granted service connection for asbestosis due to exposure during active service. However, the claim for service connection for thymoma is denied as there is no evidence linking it to service or any exposures.

The Board dismissed the appeals for service connection as the appellant died during the pendency of the appeal.

The Veteran's asbestosis has not met the criteria for a compensable rating, as his pulmonary function tests do not show forced vital capacity or diffusion capacity of less than 80 percent predicted.

The Board has decided to remand the cases for further development and clarification regarding the Veteran's respiratory disorders, including whether he suffers from asbestosis or an asbestos-related disability. The VA will schedule a medical examination to determine the etiology of his current respiratory disorders and assess if any are related to service.

The Veteran withdrew his appeal for service connection for cutaneous B cell lymphoma, which was secondary to asbestosis. The Board dismissed the appeal.

The Veteran's asbestosis is granted service connection, but his COPD and emphysema are denied service connection. The Board found that the Veteran has current asbestosis related to in-service asbestos exposure, but not COPD or emphysema.

The Board has remanded the case due to inadequate development and examination, including a need for an examination by a pulmonologist or another examiner with specialized knowledge in pulmonary or asbestos-related disease.

The Veteran's service-connected asbestosis has been rated at 30 percent, which is the highest initial rating available under VA regulations. The decision also notes that his COPD is not service-connected.

The Veteran's claim for service connection for asbestosis is denied because there is no current diagnosis of the condition.

The Board has dismissed the Veteran's appeal for service connection of a respiratory disorder (asbestosis) due to his withdrawal. The issues of service connection for hypertension and acquired psychiatric disorder (PTSD) are remanded.

The Board denied the request to reopen a claim for service connection for respiratory disability, finding that new evidence did not relate to an unestablished fact necessary to substantiate the claim.