Asbestosis decisions — 2019

The Board denied service connection for a respiratory disability claimed as asbestosis and residuals of a total laryngectomy, status post laryngeal cancer. The Veteran's minimal exposure to asbestos in service was not considered sufficient to establish a nexus with his current disabilities.,There is no direct evidence linking the Veteran’s current respiratory and laryngeal conditions to his military service.

The Board denied the Veteran's claim for service connection for residuals of asbestos exposure as there is no current diagnosis and the preponderance of evidence does not support a finding that he has had such a condition at any time during or recent to the filing of his claim.

The Veteran's appeal for service connection for Parkinson's disease was dismissed due to the Veteran withdrawing his appeal prior to a decision. The claim of service connection for asbestosis is remanded.

The claim for service connection for asbestosis has been reopened, but the appeal is remanded due to insufficient evidence and a need for additional medical opinions.

The Board has decided to remand the case due to uncertainty regarding the Veteran's exposure to asbestos aboard ship, and a VA medical examination is needed to determine if any diagnosed lung scarring/asbestosis had onset in service or within one year following separation from service.

The Board has found that further development is needed for the Veteran's claims of entitlement to service connection for headaches and a rating in excess of 10 percent for asbestosis. The claims are being remanded for additional development.

The Veteran's claims for hypertension and a pulmonary condition (claimed as mesothelioma, asbestosis, bronchiectasis, and COPD) have been reopened. The claim for service connection for DM has been remanded.,Service connection for the claimed pulmonary condition is denied due to lack of evidence linking it to in-service exposure or service-connected conditions.

The Veteran's asbestosis is granted a 30 percent rating, but no more. The Veteran's bilateral hearing loss is denied an initial compensable rating.

The Veteran's psychiatric condition, diagnosed as unspecified depressive disorder, is granted. The Board also remanded several issues related to the Veteran's service connection claims and effective dates for increased ratings.

The Board has remanded the Veteran's claims for service connection for asbestosis, COPD, heart disease, and sleep apnea due to insufficient evidence in the record. The AOJ is instructed to attempt to obtain private treatment records from Dr. S.M., provide the Veteran with another opportunity to submit additional evidence, schedule a VA examination, and adjudicate the claims.

The Veteran's asbestosis due to asbestos exposure was reduced from a 100% rating to a 0% rating effective November 1, 2015. The Veteran's asbestos-related pleural plaques were granted a 30% disability rating effective July 18, 2014.

The Board has decided that a VA examination is needed to determine the etiology of the Veteran's claimed asbestosis, including his exposure during service. The case will be remanded for this purpose.

The Veteran's claim for an increased rating for asbestos related pleural plaques (claimed as asbestosis) was denied, and instead a higher rating of 50% for sleep apnea was granted. The decision reflects the severity of the overall disability.

The Veteran's claims for hearing loss, tinnitus, respiratory disorder (asbestos), skin cancer, ruptured groin, left index finger amputation, double compound fracture of the right lower leg, diabetes mellitus type II, and syncope were denied. The VA found no evidence to support service connection for these conditions.

The Veteran's asbestos-related pleural plaques were granted a 60 percent rating from September 15, 2015 to February 5, 2018. The Board found that the evidence did not meet criteria for higher ratings and remanded issues related to TDIU prior to February 17, 2011.

The Veteran's bilateral hearing loss is not service-connected as it was not shown to be related to active duty service.,Tinnitus was incurred during active duty service and has been present since then.

The Veteran's bilateral hearing loss is not service-connected as it was not shown to be related to active duty service.,Tinnitus was incurred during active duty service and has been ongoing since then.