Asbestosis decisions — 2018

The Board has remanded the cases for further development due to incomplete records and requests for authorization of medical records.

The Veteran was granted service connection for tinnitus and asbestosis, but denied service connection for bilateral hearing loss.

The Veteran's appeal of the issues of service connection for heart disorder, coronary artery disease, and psychiatric disorder (including generalized anxiety disorder) is dismissed. The remaining issues on appeal are remanded for further development.

The Veteran's asbestosis prior to March 7, 2011 resulted in forced vital capacity (FVC) at worst 78 percent of predicted value and diffusing capacity of the lungs for carbon monoxide (DLCO) at worst 89 percent of predicted value. The Board found that these symptoms did not warrant a rating in excess of 10 percent.

The Board has remanded the case due to insufficient evidence regarding the Veteran's exposure to Agent Orange during service in Thailand, which could impact his cause of death.

The Board denied the Veteran's claims of service connection for a pulmonary disorder and an initial compensable rating for bilateral hearing loss. The evidence did not support a finding that the Veteran had a current disability related to his military service, including exposure to asbestos or noise.

The Veteran's COPD with asbestosis is rated at 100% effective September 13, 2010. Prior to that date, the rating was 10%. The VA granted SMC from August 30, 2013.

The Board has remanded the Veteran's claims for service connection due to incomplete development and potential asbestos exposure. The claims will be reconsidered after obtaining all relevant records, including VA and private treatment records, as well as any additional evidence related to asbestos exposure during service.

The Board has remanded the Veteran's claims for additional development, including obtaining deck logs and verifying his alleged asbestos exposure. The Veteran is also entitled to VA examinations to assess his lung disability, gastric disability, liver disability, erectile dysfunction, prostate cancer, diabetes mellitus, and diabetic neuropathy.

The Veteran's appeals for service connection for macular degeneration and cataracts have been dismissed. The appeal for asbestosis has been remanded.

The Veteran's seizure disorder is granted as service-connected due to exposure at Camp Lejeune. The claim for respiratory disorder is reopened and the Board finds new evidence supports reopening, but does not grant service connection. Muscle spasms are remanded for further development. Digestive issues related to Camp Lejeune exposure are also remanded. Right knee disability secondary to left knee disability is remanded. A rating in excess of 10% for left knee disability is also remanded.

The Board denied the Veteran's claim for service connection for chronic lung disease, including COPD and emphysema, finding that his current respiratory disability is more likely due to smoking rather than in-service exposure to fuel or asbestos.

The Veteran's asbestos-related pleural disease, bilateral hearing loss disability, and PTSD are all granted. The asbestos-related pleural disease is directly related to in-service exposure to asbestos. The bilateral hearing loss disability receives a rating of 50 percent effective April 6, 2018. The PTSD receives a rating of 70 percent.

The Board has remanded the Veteran's claims due to incomplete service personnel records, need for additional VA examinations, and receipt of new evidence. The issues on appeal include service connection for various conditions including arthritis, bilateral cataracts, respiratory disorder, heart disease, hypertension, blood disorder, diabetes mellitus, and liver disorder.

Service connection for tinnitus is granted. The Veteran's claims for asbestos related pleural disease, chronic kidney disease, and hypertension are remanded due to incomplete development.

The Veteran's asbestosis is being remanded for a new VA examination to determine the current severity of his condition.

The Board dismissed the issue of whether new and material evidence has been received to reopen a claim for asbestos-related pleural disease. The Veteran's claim for service connection for mantle cell lymphoma was denied as there is no evidence linking the condition to his military service.

The Board has determined that the Veteran has an asbestos-related lung disorder, including asbestosis, due to his service aboard the USS Enterprise and has granted service connection for this condition.

The Board has determined that the Veteran's respiratory condition, including fibrosis of the lungs and asbestosis, is attributable to asbestos exposure during his active duty service. Service connection for these conditions is granted.

The Veteran's appeal for an initial compensable disability rating for asbestosis with restrictive lung disease was dismissed due to his death.