Asbestosis decisions — 2019

The Board has determined that additional development is needed to address the Veteran's claims for service connection, including obtaining VA treatment records and providing an expert opinion regarding his COPD claim.

The Veteran's service connection claim for a respiratory disorder, including asbestosis and mesothelioma, is being remanded due to the need for additional medical examination and development of records.

The Veteran's appeal is remanded for further development, including a new VA examination to assess his asbestosis and TDIU claim.

The Veteran's claims for increased ratings and service connection have been denied. The right knee, back, tinnitus, ingrown toenails, left knee disorder (claimed as left knee disorder), bilateral hearing loss (claimed as bilateral hearing loss), lung disorder (claimed as lung disorder, specifically asbestosis), nasal disorder (claimed as nasal disorder, specifically rhinitis), and headaches have been denied. The Veteran's service connection claim for a psychiatric disorder has been granted.

The Veteran's service-connected asbestosis contributed to his death from pneumonia, respiratory failure, and cardiac arrest. As a result, the cause of the Veteran’s death is considered service connected.

The Veteran's pulmonary asbestosis is rated at 30 percent, and the Board finds that it does not meet the criteria for a higher rating under the applicable VA Rating Schedule.

The Board has decided to remand the cases of COPD and asbestosis for further development, including obtaining additional medical records and providing an opinion regarding service connection.

The Veteran's service-connected pneumoconiosis (asbestosis) resulted in a Forced Vital Capacity (FVC) of 75 percent predicted, which does not meet the criteria for an increased rating beyond 10 percent.

The Board denied the Veteran's request for an earlier effective date for service connection of COPD and asbestosis, finding that the claim was not timely filed. The effective date is set at December 9, 2010.

The Board has determined that a remand is necessary to obtain an adequate medical opinion regarding the Veteran's asbestosis, which was likely caused by his service as a wheeled vehicle mechanic.

The Board has dismissed the Veteran's appeals of service connection for asbestosis and gastritis, and has remanded the remaining issues.

The Board has remanded the Veteran's claims for service connection due to his failure to report for VA examinations. The case is now back with the AOJ for further development and consideration.

The Veteran's respiratory condition, including asbestosis and COPD, is remanded for further examination to determine its etiology. The SMC and TDIU claims are also remanded due to their inextricably intertwined nature with the service connection claim.

The Board has granted service connection for asbestosis and OSA secondary to PTSD. The remaining issues of service connection are remanded due to incomplete records and the need for additional examinations.

The Veteran's claim for service connection for a respiratory condition, including chronic obstructive lung disease and asbestosis, has been reopened due to the submission of new and material evidence. The claim is remanded for further development, including a VA examination.

The Board denied service connection for obstructive sleep apnea and granted a 60 percent rating for asbestos-related lung disease. A total disability rating based on individual unemployability was also granted.

The Veteran's service connection claim for asbestosis is remanded due to unclear diagnosis and lack of relevant medical records.

The Board has granted service connection for pulmonary fibrosis due to asbestos exposure during the Veteran's naval service.

The Veteran withdrew his appeal before a decision was made, so the case is dismissed.

The Board has remanded the Veteran's claims for diabetes mellitus, type II; prostate cancer; hypertension; respiratory disorder (to include asbestosis); and PTSD due to additional evidence being added to the record since previous decisions.