Asbestosis decisions — 2020

The Board has denied service connection for hypertension and bilateral knee conditions, but has remanded the cases of respiratory and heart disorders due to insufficient evidence.

The Board has remanded the claims for increased evaluations and TDIU due to incomplete information in the VA examination reports, particularly regarding the Veteran's pulmonary hypertension.

The Veteran's claims for service connection have been reopened, but the Board has determined that more evidence is needed to decide these cases.

The Veteran requested to withdraw his appeals for the issues of service connection for asbestosis, prostate cancer, inguinal hernia, urinary tract infection, diabetes mellitus, and a disability rating in excess of 20 percent prior to August 15, 2019, and in excess of 70 percent thereafter for bilateral hearing loss.

The Board has granted service connection for bilateral hearing loss and remanded the issue of assigning a compensable rating for asbestosis.

The Board denied service connection for a respiratory disability, including one related to asbestos exposure, finding no current diagnosis and insufficient evidence linking the condition to service.

The Board denied the Veteran's claim for service connection for a chronic respiratory disorder, including COPD and middle lobe nodules and bronchitis (claimed as asbestosis), due to lack of evidence supporting asbestos exposure or asbestosis. The Board found that the Veteran's current condition is more likely caused by his smoking cigarettes and 30 years of working in a steel mill.

The Veteran's claim for service connection for a respiratory disorder, claimed as secondary to in-service asbestos exposure, has been reopened and is granted.,Service connection for tinnitus was also granted.

The Board denied the Veteran's claim for service connection for a respiratory disability, including asbestosis and COPD, finding that there was no evidence of a current disability or in-service occurrence or aggravation. The Board concluded that the Veteran did not meet the criteria to establish service connection due to lack of medical evidence linking his current condition to his military service.

The Board has decided to remand the Veteran's claims for various disabilities due to outstanding records and inadequate medical opinions. The Veteran will need to provide additional treatment records, including those from private providers. He will also be provided with new examinations related to his psychiatric disorder, hypertension, lung disability, left shoulder, back, knee, and ankle disabilities.

The Board has determined that the Veteran's current multiple pleural asbestos plaques are due to his period of service, including exposure to asbestos during his active duty as a boiler technician. The decision grants service connection for this lung condition.

The appeal of the denial for service connection for asthma and asbestosis is dismissed due to the Veteran's death.

The Board has decided to remand the Veteran's claim for service connection for reactive airway disease (lung disability) due to a lack of updated VA medical records and an inadequate VA examination. The case is being returned for further development, including obtaining new VA treatment records and scheduling the Veteran for a new VA examination.

The Veteran's service-connected bilateral hearing loss is granted a 10 percent rating since November 14, 2019. The Veteran's service-connected asbestosis is granted a 100 percent rating since October 17, 2019.

The Veteran's service connection claims for a pulmonary lung disorder, bilateral shoulder osteoarthritis, and thoracolumbar spine osteoarthritis have been granted. The Board found that the Veteran has these conditions as part of his already service-connected generalized arthritic process.

The Board has granted service connection for a pulmonary disorder, including asbestosis, COPD, and emphysema, finding that the Veteran's exposure to asbestos during his military service is related to his current conditions.

The Board has reopened the Veteran's claim for service connection for a respiratory condition, including asbestosis, COPD, and asthma. The case is remanded to obtain an examination and opinion regarding the nature and etiology of his current respiratory conditions.

The Board has granted service connection for asbestosis, finding that the Veteran's exposure to asbestos during his military service is sufficient to establish a link between his current condition and his service.

The Board has decided to remand three issues related to the Veteran's claims for service connection and rating of his disabilities. The main reasons are that there is insufficient medical evidence to determine if the lung disability (asbestosis) and degenerative arthritis of the left knee are related to service, particularly given the Veteran's reports of asbestos exposure during service. Additionally, the Board finds it necessary to obtain an addendum opinion regarding whether the Veteran’s current degenerative arthritis of the left knee is aggravated by his service-connected Pellegrini-Steida disease.

The Veteran's service-connected respiratory disorder (claimed as asbestosis) is denied.,The Veteran's left shin splint condition, hepatitis C, cataracts (secondary to hepatitis C), malignant melanoma, residuals of a right forearm cyst, and sleep apnea are all denied.,Service connection for these conditions is not granted due to lack of evidence supporting their onset or relationship to service.