Asbestosis decisions — 2019

The Veteran's claims for service connection for various conditions, including upper back disability, hypertension, respiratory disability (due to asbestos exposure), leukemia, and thymoma cancer with hyperpigmentation and surgical scar, are being remanded due to the need for additional medical examinations and opinions.,Specifically, the Board is requesting that VA provide a medical examination and opinion regarding the nature and etiology of these conditions.

The Veteran's appeal for an initial rating in excess of 10 percent prior to March 3, 2016 and 30 percent thereafter for asbestosis has been dismissed due to the death of the Veteran.

The Veteran's asbestosis was granted an initial evaluation of 60 percent for the period May 19, 2003, to December 1, 2003. For the subsequent periods, evaluations were either denied or granted based on different disability levels.

The Veteran's service-connected asbestosis is granted a disability evaluation of 100 percent from May 30, 2011 due to pulmonary hypertension and forced vital capacity (FVC) less than 50% of the predicted value.

The Veteran's claim for a compensable rating for service-connected asbestosis is remanded due to inadequate medical evidence in the current examination report. The case must be returned for an updated VA examination.

The Board granted the Veteran's claim for service connection for COPD, finding that there was at least an even balance of evidence supporting a link between his asbestos exposure during service and his current COPD. The appeal regarding asbestosis was withdrawn by the Veteran.

The Veteran's asbestosis is rated at a 30 percent rating from March 25, 2014. Prior to that date, the condition was rated at 10 percent.

The Board has determined that a remand is necessary to address inconsistencies in the medical evidence regarding the Veteran's asbestosis and his in-service asbestos exposure. The Veteran will be scheduled for a VA examination with a pulmonologist to determine if he has an asbestos-related disease, its onset during service, and whether it is related to service.

Service connection for a respiratory condition related to asbestos exposure is granted. Service connection for Barrett's esophagus is remanded.

The Veteran's claim for an evaluation in excess of 30 percent for service-connected asbestosis as of May 9, 2012 is being remanded due to the need for additional development and examination.

The Veteran withdrew his appeals on all issues related to service connection for various conditions, including shoulder conditions, PTSD, hearing loss, tinnitus, lung disease from asbestos exposure, and low back joint and disc disease.

The Board has decided to remand the case for further development, including obtaining National Guard service treatment and personnel records, verifying duty status, and determining if the Veteran was exposed to asbestos during his National Guard service. If exposure is confirmed, a VA clinician will be asked to provide an opinion on whether it is at least as likely as not that the cause of death (cardiac exhaustion due to complications of COPD, asbestosis, and coronary artery disease) was caused by exposure to asbestos.

The Veteran's claim for an initial rating in excess of 10 percent prior to December 14, 2017 and a rating in excess of 30 percent thereafter for status post asbestos exposure with pleural and pulmonary asbestosis is denied.

The Veteran's appeal is remanded due to the need for additional medical opinions and records. The issues of tinnitus, bilateral hearing loss, and asbestosis are being returned to the RO for further action.

The Board has remanded the case due to insufficient evidence regarding the cause of the Veteran's death and whether his service-connected asbestosis contributed to or caused it.

The Veteran's appeal for a rating in excess of 10 percent for asbestosis with pleural plaque and fibrosis has been dismissed due to the death of the appellant.

The Veteran's bilateral hearing loss is granted with a 40 percent disability rating from July 19, 2012 to April 13, 2017.,The Veteran's asbestosis is granted with a 60 percent disability rating from July 19, 2012 to April 3, 2017 and denied for any higher rating after that date.

The Veteran's claim for an increased rating in excess of 10 percent for asbestosis is being remanded due to the need for a new VA examination.

The Veteran's breathing problems, diagnosed as restrictive defect, are found to be secondary to her service-connected PTSD with binge eating disorder. The Board also finds that the evidence does not support a current diagnosis of asbestosis.

The Veteran's asbestosis with pleural plaques was not found to be a contributing cause of his death, and the liver cancer that caused his death is not service-connected.