Asbestosis decisions — 2018

The Veteran's asbestos exposure residuals, including pleural plaques and a progressive ground glass pulmonary nodule, are rated at 100 percent. The issue of a total disability rating based on individual unemployability (TDIU) is now moot as the service-connected condition already meets the criteria for a TDIU.

The Veteran's obstructive sleep apnea is found to be secondary to his service-connected asbestosis, and the Board grants service connection for this condition.

The Veteran's hearing loss is rated at 50 percent prior to June 26, 2017 and at 70 percent from June 26, 2017 to February 19, 2018. The TDIU claim has been remanded.,The Veteran's asbestos-related pleural disease is rated at 80 percent since February 20, 2018. The service connection for this condition remains in dispute and has also been remanded.

The Board has granted service connection for the Veteran's asbestosis, finding that his current condition is related to his in-service exposure to asbestos. The decision considers the latency period and favorable private medical records.

The petition to reopen the previously denied claim for service connection for lumbar spine disorder is granted.,The petition to reopen the previously denied claim for service connection for asbestosis is denied. The matter of sleep apnea is remanded.

The Veteran's asbestos-related lung disease is granted as service connected, with the Board finding in favor of the Veteran and granting every benefit of doubt.

The Board has remanded the case for a new VA medical opinion to determine if the Veteran's COPD and asbestosis are related to service, including exposure to asbestos.

The Veteran's lung disability, including COPD and asbestosis, is being remanded for further development to ensure a complete record.

The Board has determined that the Veteran's claims for an initial rating in excess of 60 percent for asbestosis, service connection for esophagus cancer, and TDIU due to service-connected disabilities are remanded. The issues will be addressed after additional development including obtaining new VA examinations and reviewing relevant employment information.

The Veteran's lung condition, including asbestos-related pleural disease, is being remanded for further evaluation due to conflicting opinions and the need for clarification on the relationship between service exposure and current conditions.

The Veteran's appeal for service connection for asbestosis and diabetes mellitus has been dismissed due to the death of the Veteran.

The Veteran's appeal has been dismissed due to his death.

The Veteran's asbestos related pleural plaques were previously rated at 10 percent, but the RO reduced this to noncompensable effective June 1, 2017. The Board found that the reduction was not proper and granted a 60 percent rating for the condition.

The Veteran is unable to secure or follow a substantially gainful occupation due to his service-connected disabilities, including asbestosis, bilateral hearing loss, and tinnitus.

The appeals for service connection for asbestosis and an acquired psychiatric disorder have been dismissed due to the death of the appellant.

The Veteran's asbestosis has been granted an initial 60 percent disability rating, effective June 21, 2012. The VA examiner found that the Veteran’s forced vital capacity (FVC) was 63% post-bronchodilator, which meets the criteria for a 60 percent disability rating under Diagnostic Code 6833.

The Board has denied service connection for GERD, but has remanded the issues of service connection for a respiratory condition and peripheral neuropathy of the upper extremities.

The Veteran's hypertension and benign prostatic hypertrophy were denied as not related to service or presumptive exposure to herbicide agents. The Board found no evidence of a nexus between the respiratory disorder and asbestos exposure, but an examination is needed to determine if there is any connection.,GERD was also denied due to lack of in-service diagnosis and no current medical evidence linking it to service.

The Veteran's appeal is remanded due to the need for additional medical opinions regarding his service connection claims for headaches and asbestosis.

The Board has decided to remand the Veteran's claim for service connection for asbestosis due to a lack of an adequate VA examination. The issue regarding service connection for multiple myeloma is not addressed further in this decision.