Asbestosis decisions — 2019

The Veteran's current diagnoses of asbestosis, restrictive lung disease, and bilateral calcified pleural plaques are due to his in-service exposure to asbestos. The Board has granted service connection for these conditions.

The Veteran's claims for service connection for asthma, COPD, and asbestosis are remanded due to conflicting diagnoses and the need for updated examinations. The impact of a coronary artery bypass surgery on pulmonary function tests is also unclear.

The Veteran's bilateral hearing loss and tinnitus are granted as they are at least as likely as not related to his active service.,The Veteran's asbestosis is also granted, with the opinion leaning towards it being more likely than not due to post-service exposure but acknowledging possible in-service contribution.

The Board has remanded the case for further development regarding service connection for asbestosis. The issue of diabetes is stayed until January 1, 2020.

The Board denied the Veteran's claim for service connection for a respiratory condition (claimed as asbestosis) due to lack of evidence linking it to military service, despite his claims of exposure to asbestos. The most probative evidence did not reach equipoise in support of the claim.

The Veteran's asbestosis has been manifested by Forced Vital Capacity greater than 80 percent of predicted value and a Diffusion Capacity of the Lung for Carbon Monoxide by the Single Breath Method greater than 80 percent of predicted value. As such, an initial compensable evaluation is denied.

The Board has remanded the case due to incomplete medical records and requests for additional information.

The Veteran's claim for service connection for asbestosis was denied because there is no current diagnosis of the condition.,For bilateral hearing loss, a rating in excess of 40 percent prior to August 31, 2016 and above 70 percent after that date were also denied.

The Veteran's appeals for vision problems, exposure to mustard gas, exposure to asbestos, and sleeping problems have been withdrawn and are dismissed. The left foot disability has been granted a 10 percent rating prior to April 2, 2019, and a 20 percent rating from that date.

The Board dismissed all issues on appeal due to the Veteran's withdrawal of his appeal.

The Board denied service connection for a chronic respiratory disorder, including asbestosis, finding that the Veteran does not have a current diagnosis of asbestosis or any other chronic respiratory disorder at any time during the pendency of his claim.

The Board denied the Veteran's claim of service connection for a respiratory condition, including asbestosis and wheezing, finding that there was no evidence to support a link between his current respiratory issues and his military service.

The Board has granted service connection for asbestosis, tinnitus, and denied service connection for bilateral hearing loss. The Veteran's asbestosis is presumed to be related to in-service asbestos exposure. His tinnitus is presumed to have started during service. Bilateral hearing loss was not shown within one year of service and the preponderance of evidence does not support a finding that it began or was caused by service.

The Board has granted service connection for obstructive sleep apnea, but denied service connection for asbestosis.

The Board has remanded the claims of service connection for asbestosis, pulmonary hypertension, and COPD due to inadequate efforts in verifying the Veteran's claimed in-service asbestos exposure. The VA examiner is required to review the file and provide an opinion on whether these conditions are etiologically related to any aspect of active duty service.

The Board has determined that the VA examiner's opinion is inadequate and remands the case for another examination to determine if the Veteran has a current diagnosis of asbestosis or other respiratory/pulmonary disability, and whether it is at least as likely as not related to service.

The Veteran's bilateral hearing loss and tinnitus were not service-connected as they first appeared decades after military service.,Bilateral pes planus was found to have existed prior to military service and did not worsen during service.

The Veteran's asbestosis is currently rated at 60 percent, but the evidence does not support a higher rating based on the criteria for a higher rating.

The Board has decided that the Veteran's respiratory disorders, including asbestosis and Mycotic Lung Disease, may be related to service exposure to asbestos. However, due to conflicting medical opinions, a new examination is needed to clarify the etiology of these conditions.

The Board has remanded the cases for further development due to new evidence received after the last Supplemental Statement of the Case (SSOC).