Asbestosis decisions — 2019

The Veteran's post-operative deviated nasal septum residuals are granted as service connected. The issues of service connection for recurrent headache disability, sinus disability, and gastrointestinal disability due to asbestos exposure are remanded.

The Board has granted service connection for a lung condition, including asbestosis, based on the Veteran's in-service exposure to asbestos.

The Veteran's TDIU claim is remanded due to worsening symptoms of his service-connected PTSD and the recent grant of service connection for asbestosis. A VA examination is needed to assess the impact on employment.

The Board is unable to make a decision on the service connection claim for asbestosis because the relevant VA examination and rating decision are not available. The case must be returned to the agency of original jurisdiction (AOJ) for further action.

The Veteran withdrew his appeal before the Board could make a decision, so the case is dismissed.

The Veteran's service-connected asbestosis may have worsened since his last VA examination in July 2012, and a remand is necessary to obtain updated medical records and schedule the Veteran for a VA respiratory examination.

The Veteran's claims for service connection for hearing loss, tinnitus, and asbestosis (lung condition related to exposure to asbestos) have been granted. The claim for service connection for hearing loss is based on direct evidence of a relationship between the conditions and service. The claim for service connection for tinnitus is also based on direct evidence. The claim for service connection for asbestosis is denied due to lack of asbestos exposure in service.

The Veteran's migraine headaches are granted a 50% rating effective May 26, 2009.,An initial compensable rating for asbestosis is denied.,A 100% rating for residuals of TBI is granted and effective September 22, 2009.

The Veteran's claims for diabetes mellitus, type II; asbestosis; asthma; bilateral hearing loss; left shoulder disability; right shoulder disability; low back disability; left hip disability; and right hip disability are all denied. The claim for service connection of the right knee disability is remanded.

The Board has remanded the case due to non-compliance with previous directives, and a VA examination is needed to determine if the Veteran's asbestosis is related to service exposure.

The Board has dismissed the appeal for asbestosis due to the Veteran's withdrawal. The claims for diabetes, bilateral hearing loss, and lumbar spine DDD are remanded.

The Board has determined that the Veteran's COPD and asbestosis are not related to service or asbestos exposure in service, thus denying his claim for service connection.

The Veteran's claim for a restoration of a 30 percent rating for asbestosis with pleural plaques and asthma, effective March 1, 2016 is granted. The claims for an increased rating and TDIU are remanded.

The Board denied the Veteran's claim for service connection for a pulmonary disorder other than asbestosis, finding that there was no evidence to support a link between his current condition and his military service.

The Veteran's asbestosis was rated at a maximum of 10 percent, the highest available rating under the applicable diagnostic code.

The Board has determined that the Veteran's current respiratory disorder, including asbestosis and COPD, is not related to service. The preponderance of evidence does not support a finding that his current condition was caused by in-service asbestos exposure or any other event, illness, injury, or disease.

The Veteran's left shoulder injury residuals are denied as there is no evidence of a current disability related to service.,Spousal aid and attendance compensation claim is denied due to the absence of a 30% or higher disability rating.

The Board has determined that the Veteran's service-connected PTSD contributed to his death from interstitial lung disease and ischemic cardiomyopathy, granting service connection for the cause of the Veteran’s death.

The Veteran meets the schedular criteria for a TDIU rating due to his service-connected disabilities, and is unable to maintain substantially gainful employment.

The Veteran's lung adenocarcinoma, status post left upper lobectomy, is granted as service connected. The Veteran's asbestosis rating remains remanded.