Asbestosis decisions — 2019

The Veteran's claim for a rating in excess of 10 percent based on multiple, noncompensable service-connected disabilities and an effective date prior to November 22, 2013 was denied. The Board found that the Veteran did not meet the criteria for a compensable rating for asbestosis under Diagnostic Code 6833, and there is no legal basis for a higher rating.

The Veteran's claims for a right shoulder disorder and left ankle/foot disorder have been reopened, but the claim for respiratory disorder due to asbestos exposure has not.,The Veteran is seeking service connection for his current right shoulder disorder and left ankle/foot disorder. The VA will conduct further development including obtaining medical records and scheduling an examination.

The Board has remanded the case due to insufficient medical opinions regarding the Veteran's respiratory disability claims, specifically her COPD and asbestosis.

The Board has denied the Veteran's claims for service connection for a psychiatric disorder and an initial compensable evaluation for asbestosis. The case is being remanded to obtain additional VA treatment records, including PFT results.

The Board has remanded the Veteran's claims for asbestosis, hepatitis C, diabetes mellitus type II (diabetes), and an acquired psychiatric disorder to include posttraumatic stress disorder (PTSD) due to incomplete notification of prior decisions and need for additional development.

The Veteran's hearing loss and asbestosis claims were denied. The hearing loss claim was denied due to lack of a confirmed in-service event, injury, or condition related to the disability. The asbestosis claim was denied because there was no new and material evidence submitted since the last final denial.

The Board has remanded the claims of service connection for an asbestos-related lung condition and sleep apnea due to potential missing VA or non-VA medical records, including SSA disability records.

The claim for service connection for the cause of the Veteran's death has been reopened, but the Board has determined that additional evidence is needed to determine if PTSD exacerbated ischemic cardiomyopathy and contributed to the Veteran's death.

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 and clarification on which condition, asbestosis or COPD, is predominantly responsible for his symptoms.

The Board has determined that the Veteran's lung disability, specifically COPD and asbestosis, should be remanded for further evaluation. Additionally, the heart disability needs to be evaluated again due to its worsening over time. The TDIU and DEA effective date claims are also being remanded.

The Veteran's cervical spine disorder and degenerative joint disease of the entire body were not shown to be related to his military service.,There is no evidence of asbestosis or any related lung disorder in the Veteran’s records. The claim for asbestosis was denied.,Periodontal disease was already service-connected, so a new claim for it was denied.,The Veteran's bilateral ankle edema was not shown to be related to his military service.

The Veteran's service-connected disabilities do not prevent him from engaging in substantially gainful employment for which his education and occupational experience would qualify him.

The Board denied service connection for a respiratory disability, finding that the Veteran's COPD is not related to his in-service asbestos exposure.

The Board dismissed the appeals for service connection as the Veteran died during the appeal process.

The Veteran's asbestosis is being remanded for further evaluation due to inadequate previous VA examinations.

The Veteran's lumbar spine degenerative arthritis, right ear hearing loss, and bilateral tinnitus are all granted as service-connected.,As for the remaining conditions (asbestosis, prostate cancer, inguinal hernia, and urinary tract infection), they are remanded due to insufficient evidence in the record.

The Board has granted the Veteran's claim for service connection for ischemic heart disease due to in-service asbestos exposure. The claim for an initial rating higher than 30 percent for asbestos-related lung disease is denied.

The Board has determined that the Veteran had asbestosis during service due to in-service asbestos exposure, and therefore granted service connection for asbestosis.

The Veteran's tinnitus and bilateral hearing loss disability have been assigned the maximum schedular ratings available, with no legal basis for higher ratings. The Board has also identified additional VA examinations are needed to clarify the nature of his claimed lower respiratory and upper respiratory disabilities.,The Veteran is seeking service connection for bilateral leg pain, an upper respiratory disability, and a lower respiratory disability (to include asbestosis). Additional VA examinations are necessary to determine if these conditions are related to his military service.

The Board dismissed the appeals for service connection for asbestosis and diverticulitis, which were withdrawn by the Veteran. The issue of service connection for sleep apnea was granted.