Asbestosis decisions — 2020

The Board has dismissed the claims for service connection of asbestosis lung cancer and lymph node cancer, including as secondary to asbestosis lung cancer, due to the death of the appellant.

The Veteran's appeal for an initial compensable rating for service-connected asbestosis, characterized by pleural plaques due to in-service exposure to asbestos was denied because he failed to report for a necessary VA examination without good cause.

The Board has granted service connection for asbestosis and denied service connection for a left knee disability. Service connection is granted for asbestosis due to in-service asbestos exposure, but the left knee disability is not related to service.

The Board has denied service connection for asbestosis, tinnitus, and bilateral hearing loss. The evidence does not support a current diagnosis of these conditions.

The Veteran's claims for an initial compensable rating for asbestos related pulmonary plaque and a TDIU are being remanded due to the need for updated VA treatment records and a new VA examination.

The Board has denied an increased evaluation for tinea cruris and remanded the issue of service connection for asbestosis. The case is being returned to the July 2020 examiner for a determination on whether any identified pulmonary/respiratory disability, including asbestosis, is related to service.

The Board denied service connection for asbestosis and mesothelioma, finding no current diagnosis of these conditions in the medical records. The Veteran's claims were based on exposure to asbestos during service, but there was conflicting evidence regarding a diagnosis of asbestosis.

The VA denied an initial rating higher than 30 percent for asbestosis with pleural thickening and fibrosis, finding that the Veteran's FVC and DLCO (SB) results do not meet the criteria for a higher rating.

The Board has remanded the case due to conflicting medical findings regarding whether the Veteran's diagnosed lung disease is etiologically related to his military service, including his presumed exposure to asbestos. The VA must request an expert opinion from a qualified independent medical expert.

The Board has dismissed the appeals for service connection of COPD, asbestosis, and bronchial asthma due to the Veteran's death.

The Veteran's service-connected asbestos-related lung disease has rendered him unable to obtain or maintain substantially gainful employment since November 2, 2006. The Board granted TDIU on an extraschedular basis effective as of that date.

The Board has remanded the case due to issues related to a total disability rating based on individual unemployability before May 20, 2014. The Veteran's service-connected disabilities include asbestos-related plaques, degenerative disc disease of the cervical and lumbar spine, rhabdomyolysis (right and left lower extremities), and tinnitus.

The Board has decided to remand the claims of hepatitis C, cirrhosis, and asbestosis for additional development. The Veteran's service records indicate he was treated for hepatitis during service, which may have led to his current conditions.

The Board has granted service connection for asbestos-related restrictive lung disease, finding that the Veteran's current condition is at least as likely as not caused by his military service.

The Board dismissed the appeal because the appellant died during the pendency of the appeal, and thus has no jurisdiction to adjudicate the merits of this case.

The Veteran's initial claim for a higher rating for asbestosis related to pleural disease was denied. A 100% disability rating is granted from September 1, 2016, but the issue of entitlement to TDIU prior to that date remains pending.

The Veteran's digestive disorder, diagnosed as IBS, was not found to be related to his service or service-connected PTSD.,For prostate cancer residuals, the Veteran received a noncompensable rating from February 14, 2005, and a compensable rating of 40 percent effective June 1, 2015.

The Board denied service connection for a breathing disorder and asbestosis, finding that the evidence did not support a relationship between these conditions and in-service exposure to asbestos.

The Veteran's appeal for service connection was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of these claims.

The Veteran's calcified pleural plaques which indicate pleural-based asbestosis lung disease have been granted a 60 percent rating effective April 2, 2018 and prior to May 21, 2018.