Asbestosis decisions — 2019

The Board denied service connection for a respiratory disability, including asbestosis, finding that the Veteran's in-service symptoms resolved and there was no credible evidence of asbestos exposure during service.

The Veteran's claim for a disability rating in excess of 30 percent for his asbestos exposure with pulmonary disease was denied due to failure to report for VA examinations. The claim for TDIU was also denied as the Veteran did not meet the schedular criteria and there were no circumstances outside the norm that would justify a total rating based on unemployability.

The Board has remanded the case due to missing VA treatment records and a need for a new VA medical opinion regarding the Veteran's in-service asbestos exposure.

The Board has determined that the Veteran was exposed to asbestos during service and has a current diagnosis of asbestosis, granting his claim for service connection.

The Board has granted service connection for asbestos-related lung disease, finding that the Veteran's current respiratory disorder is at least as likely as not related to his in-service exposure to asbestos.

The Veteran's fibromyalgia is granted service connection, and the initial evaluation for asbestosis remains at 10 percent.

The Veteran's service-connected asbestosis with COPD, emphysema, chronic bronchitis and mesothelioma render him unable to secure and follow substantially gainful employment.

The Board has denied the Veteran's claims for service connection for pneumonia, asbestosis, a psychiatric disorder, an eye disorder, a prostate disability, and a skin disorder. The Board also denied his claim for service connection for hypertension and stomach ulcers.

The Veteran's claims for stress, asbestos exposure, and psoriasis have been denied. The Veteran has hypertension, gout, obstructive sleep apnea, and headaches that need to be evaluated further.,The Veteran is not entitled to increased evaluations for his service-connected right and left ankle disabilities due to the lack of non-weight-bearing testing in the VA examination report.

The Board has determined that the Veteran's bilateral hearing loss, left arm disability, right arm disability, left leg disability, mood disorder (not otherwise specified), and asbestosis are related to service. However, due to the need for further examination and evaluation, these claims have been remanded.

The Board has remanded the cases for further development and consideration, including a VA examination to address the Veteran's respiratory conditions and their relationship to his service-connected asbestosis.

The Veteran's petition to reopen a claim of entitlement to service connection for asbestosis is granted. The Board finds that new and material evidence has been submitted, allowing the reopening of his service connection claim for a respiratory disorder, including asbestosis and COPD. However, the Board also finds that additional medical examination and opinion are needed due to the inadequacy of the May 2017 VA examiner's opinion.

The Veteran's asbestosis with calcified pleural plaques and chronic obstructive pulmonary disease is currently rated at 10 percent, effective February 7, 2018. The Board has decided to remand the case for additional development regarding SSA records and for notification of TDIU requirements.

The Board has remanded the Veteran's claims for service connection for a lung condition and arthritis due to insufficient medical evidence of record. A VA examination is needed to determine the likely etiology of any lung disorders and the nature and etiology of his arthritis.

The Veteran's claims of service connection for various conditions, including asbestos exposure, low back disability, sciatic nerve impingement, cervical spondylitis, sarcoidosis, diabetes, hypertension, and migraine headaches are being remanded due to the need for additional medical examinations and opinions.

The Board has remanded several issues for further development and examination. The Veteran's hypertension, acquired psychiatric disorder (including depression and PTSD), asbestosis, residuals of a circumcision (including erectile dysfunction), and sinusitis are all on appeal.

The Veteran's claim for service connection for a lung condition, including COPD, mesothelioma and asbestosis is being remanded due to the need for additional medical examination.

The Veteran's asbestosis is granted a 10 percent evaluation prior to December 18, 2018 and denied for any higher rating from that date.

The Veteran's claims of service connection for various conditions, including a lumbar spine/low back disability and respiratory issues (including asbestosis), right shoulder and left shoulder disabilities, headaches, diabetes mellitus type II, hemorrhoids, and sleep apnea are being remanded due to the receipt of new and material evidence. The Veteran's claims will be further evaluated with additional medical examinations.

The claim for DIC under 38 U.S.C. § 1318 is denied, and the cause of death claim is remanded due to incomplete records and need for an opinion regarding the cause of death.