Asbestosis decisions — 2019

The Veteran's bilateral interstitial fibrosis due to asbestosis is granted, but his COPD is denied. The case for bilateral hearing loss is remanded.

The Board has granted service connection for asbestosis, finding that the Veteran's current condition is related to his in-service exposure to asbestos.

The Board has remanded the Veteran's claims for service connection for a respiratory disorder other than asbestos plaques, an initial compensable rating for asbestos plaques in the left lower lobe, and TDIU due to incomplete medical opinions provided by the VA expert.

The Veteran's service-connected disabilities were not rated as totally disabling until February 1998, less than eight years prior to his death. Therefore, the criteria for an increased amount of DIC benefits under 38 U.S.C. § 1311(a)(2) have not been met.

The Veteran's respiratory disability, including COPD with fibrosis, bronchiectasis, and asbestosis, was granted a 100% rating beginning March 30, 2017. For the period prior to that date, he received a 10% rating.

The Board has denied the Veteran's claims for a rating in excess of 60 percent for asbestosis and TDIU prior to March 29, 2016. The case is being remanded due to incomplete VA treatment records.

The Board has remanded the Veteran's service connection claim for a lung disability, including asbestosis and emphysema. The case is being returned to the AOJ for further examination and opinion regarding the etiology of the Veteran's lung disabilities.

The Board has determined that the Veteran's in-service exposure to asbestos is etiologically related to his development of asbestosis and pulmonary fibrosis, which caused his death. Therefore, service connection for cause of death is granted.

The Board denied the Veteran's claim for service connection for a pulmonary condition, including asthma, pulmonary asbestosis, and COPD, due to asbestos exposure. The evidence did not establish that his current conditions were related to his military service.

The Veteran's initial noncompensable evaluation for asbestos-related pleural disease with pleural plaques is being remanded due to ambiguity in the VA medical examiner's opinion and a new statement from his treating physician.

The Veteran's claim for a compensable rating for bilateral hearing loss has been denied, and the issue of service connection for asbestos-induced pleural plaque (claimed as mesothelioma/asbestosis) is remanded due to duty-to-assist errors.

The Board has remanded the claims for service connection for a pulmonary disorder and an initial compensable rating for bilateral hearing loss due to non-compliance with previous remands. The Veteran's exposure to asbestos during military service is suspected, but additional medical opinions are needed to address this claim.

The Board dismissed the Veteran's claim for an earlier effective date prior to May 31, 2017 for a 100 percent initial disability rating for asbestosis. The Veteran's appeal was also denied for seeking an increased initial disability rating in excess of 10 percent prior to May 31, 2017.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence linking his current disabilities to active service. Further development is needed, including VA examinations and obtaining additional medical records.

The Board has remanded the case due to inadequate examination in determining the severity of the Veteran's asbestosis.

The Veteran's claims for increased ratings and earlier effective dates for his service-connected asbestosis, bilateral hearing loss, and the grant of service connection for bilateral hearing loss are being remanded due to inadequate examination and outstanding treatment records.

The Board has denied the Veteran's claim for service connection for a respiratory disorder, as his current diagnosed condition is not related to or caused by active service. The issue of entitlement to TDIU is remanded due to an NOD filed in March 2019 and pending resolution.

The Board has decided that the Veteran does not have a current diagnosis of a chronic respiratory disability, asbestosis. The cardiovascular disability claim is remanded for further examination and opinion.

The Veteran's claims for service connection for a right wrist condition, left knee condition, and asbestosis have been reopened. The claim for skin cancer has already been granted.,Service connection is granted for the Veteran’s asbestosis due to in-service exposure to asbestos.

The Board has granted a 100 percent rating for pleural plaques, finding that the Veteran's service-connected condition is responsible for his need for outpatient oxygen therapy. The decision also notes that there was substantial compliance with previous remand directives.