Asbestosis decisions — 2020

The Veteran's asbestos-related pleural fibrosis is rated at 10 percent, the lowest possible rating under VA regulations. The disability does not meet or approximate the criteria for a higher rating as defined by the applicable diagnostic codes.

The Board has remanded the claims for clarification of diagnosed respiratory disorders and to obtain additional medical opinions regarding their etiology. The Veteran's service connection claim is being remanded due to ongoing confusion about whether he has asbestosis, his service-connected respiratory disability.

The Veteran's pleural plaques with decreased diffusion capacity are attributable to his in-service asbestos exposure, and the Board has granted service connection for this condition. The Veteran does not have an interstitial lung disease or COPD that is related to service.

The Board has remanded the case for additional development, including obtaining an addendum opinion regarding the etiology of any breathing problems and whether they are caused or aggravated by service-connected interstitial lung disease (asbestosis).

The Veteran's asbestosis is rated at 0% (no compensable rating) due to his PFT results not meeting the criteria for a higher rating.

The Board has remanded the case due to insufficient examination and treatment records, and a need for maximum exercise capacity testing.

The Veteran's service-connected disabilities, including asbestosis, cervical and lumbar spine conditions, shoulder osteoarthritis, tinnitus, knee degenerative arthritis, hypertension, and bilateral hearing loss, have rendered him unable to secure or follow substantially gainful employment. The Board has granted a TDIU based on these service-connected conditions.

The Board has remanded the Veteran's claims for lung, colon, and skin conditions due to potential asbestos exposure during service. Additional medical evidence is needed to determine if these conditions are related to his military service.

The Veteran's lung disability (COPD, asbestosis, chronic bronchitis) is granted service connection. The Veteran's sinus disability is remanded for further examination and opinion.

The Veteran's initial rating for asbestos pleural plaques is denied, and the issue of service connection for obstructive sleep apnea secondary to pleural plaques is remanded.

The Veteran's asthma, asbestosis, COPD, and sleep apnea are service-connected due to in-service asbestos exposure.

The Veteran's pulmonary disability, including asbestosis and pulmonary fibrosis, is granted service connection. DIC based on the cause of death due to pulmonary fibrosis is also granted.

The Board has remanded the claims for service connection for bilateral hearing loss, tinnitus, lung condition (including asbestos exposure), and throat cancer residuals due to in-service asbestos exposure. The Veteran is required to undergo VA examinations to address these issues.

The appeal for service connection for an autoimmune disease is dismissed. Service connection for asbestosis (claimed as a skin rash) and CAD are denied.

The Veteran's appeal is being remanded to obtain additional information regarding possible exposure to herbicide agents and to secure a medical opinion on the nature and etiology of her service-connected conditions, including vascular disease, obstructive sleep apnea (OSA), congestive heart failure (CHF), pulmonary hypertension, arteriosclerotic vascular disease, gastroesophageal reflux disease (GERD), renal disease and/or failure, and hemosiderosis of the liver.

The Veteran's asbestosis and restrictive airway disease did not manifest with post-bronchodilator FVC of 64 percent or less, DLCO of 55 percent or less, or maximum exercise capacity of 15 to 20 ml/kg/min oxygen consumption with cardiorespiratory limitation to warrant a rating in excess of 10 percent. The Board found the preponderance of evidence against assigning such a rating.

The Board has remanded the cases due to the need for additional VA treatment records from 1992 to 1998.

The Board has remanded the issues of service connection for asthma, entitlement to an initial rating in excess of 10 percent for asbestosis and chronic obstructive pulmonary disease (COPD), and entitlement to TDIU prior to October 28, 2019.

The Board has granted the Veteran's claim for service connection for lung disorder, to include asbestosis and/or pleural plaque, as due to asbestos exposure during his active duty service. The decision is based on the evidence showing that the Veteran was exposed to asbestos while in the Navy and that this exposure caused his current lung disorder.

The Veteran's claim for service connection for asbestosis was previously denied, but new and material evidence has been submitted. The Board is remanding the case to determine if his active duty service caused or aggravated his asbestosis.