Asbestosis decisions — 2019

The Veteran's asbestosis, which was manifested by pulmonary hypertension, is granted a rating of 100 percent prior to July 25, 2018.

The Veteran's pleural effusion with asbestosis was rated at a 60 percent disability rating prior to March 15, 2011. From that date, the Veteran is now rated at a 100 percent disability rating.

The Board has reopened the claim of service connection for asbestosis and granted it, finding that there is a reasonable possibility of substantiating the claim. The Veteran was diagnosed with asbestosis during his military service due to exposure to asbestos.

The Board has denied the Veteran's claims for service connection for asbestosis and emphysema, finding that there is no evidence of a current disability related to asbestos exposure in service.

The Board denied service connection for bilateral hearing loss, tinnitus, asbestosis, left wrist carpal tunnel syndrome, and right wrist carpal tunnel syndrome. The reasons given were that the evidence did not support a finding of current disability or a link to military service.

The Board denied service connection for a lung disorder, including COPD and due to asbestos exposure. The claim of reopening an anxiety disorder was granted but the Veteran does not have a separate anxiety disorder other than PTSD.,Service connection for a lung disorder (COPD) is denied as there is no evidence of onset during or within one year of service, nor any relationship to asbestos exposure. Service connection for an anxiety disorder other than PTSD is also denied due to lack of a current diagnosis and the Veteran's symptoms being attributed to PTSD.,The Board found that the Veteran did not have a separate anxiety disorder other than PTSD as his symptoms were more likely related to PTSD.

The Board has remanded the case due to conflicting medical opinions regarding whether the Veteran's lung conditions, including asbestosis and COPD, are related to his service. The Veteran needs a new examination to determine if these conditions are aggravated by his service.

The Board has reopened the claims for service connection for COPD and asbestosis, but has remanded the claims for service connection for sleep apnea and TDIU due to new evidence received since the last final denial. A VA examination is needed to address the relationship between the Veteran's current conditions and his military service.

The Veteran's service-connected psychiatric disabilities are found to be the primary cause of his current respiratory and cardiovascular disabilities, including erectile dysfunction, tension headaches, sinusitis, asthma, rhinitis, sleep apnea, a respiratory disability claimed as due to asbestos exposure, and a cardiovascular disability. Service connection is granted for these conditions.

The Veteran's claims for service connection for left and right lower extremity neuropathy and radiculopathy for sciatic nerve were denied as there was no evidence of a current disability or in-service injury that could be linked to the conditions.

The Veteran's claim for an initial compensable rating for asbestosis and pleural plaques was denied by the Board of Veterans' Appeals. The decision found that there is no functional loss due to the service-connected conditions, and thus, a compensable rating is not warranted.

The Veteran's pleural plaques are now rated as 60 percent disabling, and the claim for a TDIU is denied.

The Board has denied an initial compensable rating for service-connected asbestosis with bilateral pleural plaques and remanded the issue of service connection for migraine headaches due to lack of a medical opinion.

The Veteran is granted a disability rating of 30 percent for his service-connected asbestos related pleural calcifications and plaques, effective August 17, 2017. Prior to this date, the Veteran's lung disability was not compensable.

The Veteran's asbestosis is remanded for further examination and opinion due to an inadequate April 2014 VA examination.

The Veteran's claim for an initial compensable rating for asbestosis with pulmonary nodules was denied, and his eligibility for a specially adapted housing or special home adaptation grant was also denied. The Board found that the preponderance of evidence did not support a higher rating for asbestosis, given the results from various pulmonary function tests which were above the required 75 to 80 percent predicted FVC level.

The Veteran's asbestosis with bibasilar atelectasis is granted due to service exposure, and the Board finds in favor of granting service connection.

The Board has remanded the cases due to insufficient medical opinions regarding the Veteran's respiratory disabilities and coronary artery disease. The VA will seek additional private records, arrange for a new VA examination, and provide further analysis.

The Veteran's asbestosis disability is being remanded due to the duration of time since his last VA examination and because he has asserted worsening symptoms. He needs an updated VA treatment records and a respiratory examination.

The Board has remanded the cases for additional development, including obtaining medical records and conducting a VA examination to determine if the Veteran's asbestosis requires at least monthly visits to a physician for required care of exacerbations.