Asbestosis decisions — 2019

The Board has decided to remand the case due to insufficient medical evidence regarding the Veteran's asbestos-related lung disability and COPD. The Veteran needs to provide information about his treatment providers, including VA and private ones, for further evaluation.

The Board has remanded the Veteran's claims of service connection for a lung disorder other than asbestosis, to include emphysema and COPD, and an initial compensable rating for his asbestosis. The reasons are that there is insufficient evidence on record regarding the relationship between the Veteran's in-service symptoms and findings and his current diagnoses, and that he should be provided with a VA examination to assess the severity of his asbestosis.

The Veteran requested to withdraw his appeal for an increased rating of asbestosis with pleural plaques, and the Board dismissed the claim.

The Board has determined that new and material evidence was not received to reopen claims for PTSD, diabetes mellitus, type II, asbestosis, bronchitis, and lumbosacral strain. However, the claim for service connection of PTSD is reopened due to newly submitted evidence.

The Veteran's appeals for increased ratings and service connection were denied. The rating for DDD of the lumbar spine remains at 20 percent, asbestosis is rated at zero percent, and a right hip disorder was not found to be related to service or service-connected conditions.

The Board has determined that additional development is needed for the adjudication of several claims, including those related to back pain, asbestos exposure, chest pain/sinus ventricular tachycardia, acquired psychiatric disability (schizophrenia), sleep apnea, fractured right great toe, traumatic brain injury (TBI), post traumatic headaches with migraine features, and macular lesion, left eye with scotoma. The Veteran's claims are being remanded for further development.

The Veteran's claims for service connection for diabetes mellitus and residuals of in-service exposure to asbestos have been denied. The claim for service connection for diabetes mellitus was not reopened due to lack of new and material evidence, while the claim for residuals of in-service exposure to asbestos was denied as there is no indication that a current disability resulted from such exposure.

The Board denied an increased rating for asbestosis, finding that the Veteran's condition did not meet criteria for a higher disability rating based on objective pulmonary function test results.

The Board has denied service connection for asbestosis and COPD, both of which were related to the Veteran's in-service exposure to asbestos. The esophageal cancer claim is remanded due to insufficient evidence regarding its etiology.

The Board has remanded the Veteran's claims for increased evaluation, service connection, and other issues due to incomplete records and inadequate examination opinions. The Veteran will need to provide additional evidence and undergo further examinations.

The Veteran's initial evaluations for asthma with asbestosis and obstructive sleep apnea were denied. The Veteran was granted a 30 percent evaluation for migraine headaches, effective prior to October 7, 2014.

The Veteran's claim for a higher rating for his service-connected asbestosis is remanded due to the need for updated VA treatment records and an additional respiratory examination.

The Veteran's PTSD is granted a TDIU, but the evaluations for asbestosis and PTSD remain denied.

The Board has determined that the Veteran's diabetes mellitus, type II and peripheral neuropathy of the bilateral upper and lower extremities did not manifest during or within one year of separation from service and are not otherwise related to service. Service connection for prostate cancer, bilateral hearing loss, tinnitus, status post pulmonary inflammatory pseudotumor, and allergic rhinitis is also denied as secondary to herbicide exposure.

The Veteran's service-connected asbestosis has rendered him unable to secure or follow a substantially gainful occupation, and his lung condition is currently rated at 60 percent disabling. The Board granted TDIU but denied an evaluation in excess of 60 percent for the Veteran’s asbestosis.

Service connection for COPD is granted. A compensable rating for right pleural plaques claimed as asbestosis is remanded.

The Board denied service connection for a chronic respiratory disorder, including asbestosis, finding that the Veteran does not have a current diagnosis of such disorders and has not had one at any time during the pendency of the claim or recent to the filing of the claim.

The Board denied service connection for right wrist and right-hand conditions, bilateral hearing loss, tinnitus, respiratory condition (due to asbestosis exposure), hepatitis C, deep muscle pain, and chronic fatigue syndrome (CFS).,Service connection was not granted for any of the claimed conditions.

The Veteran's lung condition, including COPD and pleural disease with plaques, is related to his in-service exposure to asbestos. The Board has ordered additional development to verify the Veteran’s reported exposure to asbestos during service.

The appeal for hypertension is dismissed. The respiratory disorder, including COPD and asbestosis, secondary to asbestos exposure, is remanded.