Asbestosis decisions — 2019

The Board has denied DIC benefits under 38 U.S.C. § 1318 due to the Veteran not meeting the criteria for total disability for ten years prior to death or continuously since active duty and at least five years before death. The appeal is also remanded for further review of service connection for the cause of the Veteran's death.

The Board denied the Veteran's appeal of his March and September 2014 rating decisions that denied service connection for respiratory conditions (claimed as asbestosis, chronic obstructive pulmonary disease, bronchitis, and respiratory infections) and vasovagal syncope due to the VA Form 9 substantive appeal being untimely filed.

The Veteran's claims for service connection for residuals of a left eye injury and right ear injury have been dismissed due to the character of discharge from his period of active duty. The claim for low back condition is remanded, and the claim for respiratory condition, as due to asbestos exposure, requires additional development including obtaining military personnel records and scheduling an examination.,The Veteran's claims for service connection for a low back condition and respiratory condition, as due to asbestos exposure are both remanded.

The Board denied the Veteran's claim for service connection for asbestosis, finding that there is no current diagnosis of asbestosis and thus not meeting the criteria for service connection.

The Veteran's appeal for restoration of a 40 percent rating for intervertebral disc syndrome (IVDS) is granted, effective May 1, 2018. The appeals for bilateral lower extremity radiculopathy service connection and other issues are remanded.

The Board has remanded the case due to insufficient information regarding the Veteran's in-service exposure to an herbicide agent and the need for updated VA and private treatment records.

The Board has denied the Veteran's claim for a compensable rating for bilateral hearing loss. The issues of service connection for various conditions, including right rotator cuff condition, back condition, asbestosis, and knee conditions are remanded due to outstanding records.

The Board has determined that further development is needed for the Veteran's claims of service connection for lung and heart conditions due to insufficient evidence regarding their etiology. Specifically, a VA examination is required to determine if any current lung or heart condition is related to service.

The Veteran's claim for service connection for asbestosis has been reopened and granted.,Service connection is established for adjustment disorder with mixed anxiety and depressed mood, tension headaches, COPD, and obstructive sleep apnea, all of which are found to be related to the Veteran's service-connected herniated disc disorder.

The Board has determined that the Veteran's asbestosis is related to his military service, granting his claim for service connection.

The Veteran's claims for service connection have been granted for headaches, rhinitis/sinusitis, low back disorder, bilateral knee disorder, bilateral shoulder disorder, right elbow disorder, and chest pain. Service connection has also been denied for hyperlipidemia.

The Veteran's service-connected asbestosis did not prevent him from securing and following a substantially gainful occupation at any time from December 27, 2006, to June 5, 2013.

The Board has determined that there is equipoise of evidence regarding whether the Veteran's current chronic respiratory disorder is due to his active service, including in-service asbestos exposure. Therefore, the claim for service connection is granted.

The Board has remanded the claims for COPD, bilateral interstitial fibrosis, pneumoconiosis, asbestosis and biapical pleural parenchymal thickening due to insufficient evidence in the record regarding their etiology. A new VA examination is required.

The Board has dismissed the claims for COPD and prostate cancer, and has remanded the claim of asbestosis due to in-service asbestos exposure.

The Board has decided that the Veteran's asbestosis and acquired psychiatric disorder (including PTSD, depression, anxiety) are not related to service. The case is being remanded for further examination and opinion.

The Board denied the Veteran's claim for service connection for pulmonary fibrosis (asbestosis) as a result of exposure to asbestos, finding that there was not sufficient evidence to establish a link between his current condition and his military service.

The Board dismissed all claims for service connection due to the Veteran's death.

The Board has decided to remand the case due to incomplete medical records and the need for a comprehensive medical opinion regarding the cause of the Veteran's death, specifically whether his service-connected conditions contributed substantially or materially to his death.

The Board denied service connection for a thyroid disability, finding that the Veteran's nodules are not cancerous or tumors and not causally related to his active service, including exposure to radiation during service.,The Board also denied a rating in excess of 30 percent for asbestosis, noting that the Veteran’s condition did not meet the criteria for higher ratings based on pulmonary function tests.