Asbestosis decisions — 2020

The Veteran's appeal for a higher rating for chronic obstructive pulmonary disease due to asbestosis exposure has been dismissed because the appellant passed away in April 2020.

The Board has granted service connection for asbestosis, finding that the Veteran's exposure to asbestos during service is causally related to his current diagnosis. The other claims of service connection are remanded.

The Board has remanded the claims for calcified pleural plaques indicative of pleural-based asbestosis lung disease due to outstanding VA treatment records and a need for updated medical opinions. The TDIU claim is also remanded.

The Board has remanded the case due to conflicting medical opinions regarding the Veteran's claimed respiratory disability, specifically asbestosis. The VA will obtain additional records and provide a supplemental medical opinion to address these issues.

The Veteran's service-connected disabilities do not render him unable to obtain or maintain substantially gainful employment, and his claim for a total disability rating based on individual unemployability (TDIU) is denied.

The Veteran withdrew his appeals for increased ratings of asbestosis and hearing loss, resulting in the dismissal of these issues.

The Board has remanded the case due to pending claims for service connection and increased ratings, as well as a request for a hearing. The SMC based on need for aid and attendance claim is also being remanded.

The Board has granted an initial 10 percent rating for the Veteran's asbestos related pleural plaque, finding that his pulmonary function testing results meet the criteria for this rating.

The Board has determined that the severance of service connection for squamous cell carcinoma of the lung and asbestosis post asbestos exposure was improper, and service connection is restored.

The Veteran's asbestosis is currently rated at 60 percent, and the Board finds that a higher rating is not warranted. The esophagus cancer claim must be remanded for further development.

The Board denied service connection for a respiratory disability and multiple myeloma, finding that the evidence did not support a nexus to service or any related exposure.

The Board has ordered a remand to assess the Veteran's asbestosis and its impact on his respiratory condition, including whether mild pulmonary hypertension is related to his service-connected asbestosis.

The Board has granted service connection for diabetes mellitus type II, ischemic heart disease, hemorrhoids, asbestosis, and ANCA vasculitis (as secondary to service-connected asbestosis) on a presumptive basis due to exposure to herbicides during active service. Service connection is also granted for hemorrhoids based on direct service incurrence.

The Veteran's service connection claims for a back disability, shrapnel in the left leg, asbestosis, and an acquired psychiatric disability (PTSD) are denied. The claim for residuals of shrapnel in the left leg is granted.

The Board has remanded the case due to an inadequate statement of reasons or bases for denying a higher rating for asbestosis. The Veteran needs another VA examination to determine his current level of disability.

The Board has remanded the case due to insufficient medical opinions regarding the relationship between the Veteran's respiratory disability and service-connected pleural calcifications, as well as the potential impact of asbestos exposure.

The Board has granted a 100% disability rating for asbestosis, but has remanded the issue of service connection for diabetes mellitus type II due to lack of evidence regarding herbicide exposure.

The Board has remanded four issues related to service connection for asbestosis, PTSD, a back disorder, and calluses/bunions of the left foot. The main reason is that VA did not obtain all the Veteran's service treatment records.

The Veteran withdrew his appeal for increases in the staged ratings for asbestosis, so the case is dismissed.

Prior to January 11, 2012, the Veteran's service-connected chronic obstructive pulmonary disease, pulmonary fibrosis and asbestosis did not meet the criteria for a higher rating.,As of January 11, 2012, the Veteran's PFT results showed DLCO less than 40 percent of predicted value, warranting a 100% disability rating.