Asbestosis decisions — 2019

The Veteran's arthritis is not service-connected as it did not manifest during service or within one year of separation and there is no credible evidence linking the condition to asbestos exposure.,There is no current breathing disability that can be linked to asbestos exposure. The Veteran does not have a diagnosed breathing disability, but his shortness of breath was attributed to congestive heart failure (CHF).,The Veteran's headaches are not service-connected as there is no evidence linking the condition to service or any service-connected disabilities.,The Veteran's depression is not service-connected as it did not manifest during service and there is no credible evidence linking the condition to a service-connected disability.

The Veteran's claims for service connection for heart disorder, hypertension, prostate disorder, acquired psychiatric disorders (including PTSD, depression, and anxiety disorder), and respiratory disorders (including asbestosis and COPD) have been dismissed due to the Veteran withdrawing his appeal.

The Board has determined that the Veteran's claim for service connection for asbestosis, including as a pulmonary disorder, requires further development due to insufficient evidence regarding his in-service exposure and its relation to his current condition.

The Board found that the Veteran's current asbestosis and pleural disease of the lungs are related to his exposure to asbestos in service, despite conflicting diagnoses. The evidence is at least in equipoise regarding this relationship.

The Board denied service connection for a respiratory disability caused by asbestos exposure, finding that the Veteran does not have a current diagnosis of any respiratory condition and has not had one at any time during the pendency of the claim or recent to the filing of the claim.

The Veteran's appeal has been dismissed because he died during the pendency of the appeal, and the Board does not have jurisdiction to adjudicate the merits of his claims.

The Veteran's respiratory disabilities other than asbestosis are not service connected and there is no evidence that they are related to his service-connected conditions. The Board denied the claim for service connection.

The Board denied service connection for asbestos-related pleural (lung) disease, finding no probative medical evidence that indicates the Veteran's current pleural disease disability was incurred in service.

The Board has remanded the claim for service connection for a pulmonary disorder, including asbestosis and asthma, due to asbestos or herbicide exposure. The Veteran's post-service private treatment records show he was diagnosed with probable asbestosis in 2006 and mild asthma in 2009. VA examinations have been conducted but another examination is required given the Veteran's assertion of no post-service asbestos exposure.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's current breathing disabilities, including obstructive ventilatory disease and asthma, are related to his military service, specifically his exposure to asbestos while serving as a boiler technician.

The Board has remanded the case due to incomplete service records and a need for an updated medical opinion regarding the Veteran's respiratory condition.

The Veteran's sleep apnea is granted as service connected. The lung disorder and atrial fibrillation claims are remanded for further development.

The Veteran's appeal for service connection for respiratory disability, including asbestosis, has been dismissed due to his death during the pendency of the appeal.

The Veteran's tinnitus is granted as service-connected, but his bilateral hearing loss and respiratory condition are denied.,His low back condition remains in dispute due to the need for further evidence and examination.

The Veteran's petition to reopen the claim for service connection for PTSD and depressive disorder was granted. Service connection for peripheral neuropathy of the left upper extremity due to diabetes is denied, as is service connection for peripheral neuropathy of the right upper extremity due to diabetes. The Veteran's asbestosis remains at a 30% disability rating throughout the appeal period.

The Veteran's claim of service connection for a lung disorder, including calcified right pleural plaque, left pleural effusion, mild subcarinal adenopathy with nodes, chronic obstructive pulmonary disease and pulmonary asbestosis is granted. The issue of whether the Veteran was exposed to asbestos aboard USS Vulcan AR-5 during his service is remanded.

The Veteran's claim for sleep apnea is denied as there is no current diagnosis of the condition.,Service connection for fibromyalgia is granted due to its presumptive relationship with service in the Persian Gulf War.,Bilateral eye condition, left shoulder condition, and right shoulder condition are remanded for further examination and opinion.,Lower back disability claim is denied as there is no current diagnosis of the condition.,Respiratory condition (claimed as asbestos exposure) and skin condition claims are remanded for further examination and opinion.,Service connection for maxillary sinusitis remains unchanged with a need for an updated VA examination.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for updated VA examinations and additional development of his asbestosis with emphysema.

The Veteran's service-connected respiratory disability, due to asbestos exposure, warrants a rating of 60 percent from August 21, 2008 to October 1, 2013.

The Board has combined the issues into a single service connection claim for a respiratory disorder. The Veteran's service treatment and military personnel records are fire-related and largely unavailable, but he had duties that could have exposed him to asbestos. Further verification of his exposure is needed. A VA examination is required to determine if any current respiratory disorders are related to his military service.