Asbestosis decisions — 2020

The Board has remanded the Veteran's claims for increased ratings for bilateral hearing loss and restrictive lung disease with asbestosis due to a lack of recent examinations and treatment records.

The Veteran's service connection claim for a respiratory disability, including COPD and asbestosis, is granted due to the evidence showing in-service asbestos exposure and current respiratory disabilities.

The Veteran's tinnitus, headaches, and pharyngitis were not found to be related to service. The Board also remanded the issues of diabetes mellitus, type II, and hypertension due to potential in-service asbestos exposure.,Service connection for diabetes mellitus, type II, and hypertension was denied as there is no evidence linking these conditions to service.

The Veteran's claims for service connection have been withdrawn. The Board has remanded the issues of entitlement to service connection for a respiratory disability, obstructive sleep apnea, and memory loss.

The Board has remanded the case due to a need for additional development regarding the Veteran's claim of service connection for a respiratory disorder, including asbestosis and/or COPD, which may be related to exposure to asbestos and/or herbicides. The focus is on determining if the Veteran was exposed to herbicides during his service aboard the USS Kitty Hawk.

The Veteran's claims for service connection for asbestosis, bilateral hearing loss, and tinnitus were denied. The Board found no current diagnoses of these conditions and concluded that the evidence did not support a finding of service connection.

The Board has remanded the case due to the need for updated VA and private treatment records, as the Veteran provided information about his ongoing treatment at Beckley VAMC and from Dr. Remines.

The Veteran's service-connected disabilities, including bilateral hearing loss, asbestosis, tinnitus, adenocarcinoma of the cecal colon, and bronchiectasis, render him unable to secure or follow substantially gainful employment.

The Board has denied the Veteran's claim for an earlier effective date for TDIU prior to May 8, 2001. The case is being remanded for further action by the Director of Compensation Service.

The Board has remanded the claims of service connection for asbestosis and a dental disability for treatment purposes due to procedural errors. The Veteran will be given another opportunity for an examination related to his asbestosis claim, and the issue of eligibility for dental treatment will be referred to VHA.

The Board has found that a timely notice of disagreement was filed, but the statement of the case has not been issued. The matter is therefore REMANDED for issuance of a statement of the case.

The Veteran's COPD has been granted an increased disability rating of 30 percent, effective from the date of the decision. The TDIU claim is being remanded for further action.

The Board denied an initial rating in excess of 10 percent for asbestosis and denied a TDIU on an extraschedular basis, finding that the Veteran's service-connected disabilities did not preclude him from securing or following substantially gainful employment.

The Veteran's claim for service connection for melanoma, respiratory disorder (other than asbestosis, mesothelioma, and sinus condition), and asbestosis with pleural plaques is remanded due to the need for additional medical opinions regarding the etiology of these conditions.

The Board has remanded the cases due to insufficient evidence and need for further examination regarding service connection for COPD and asbestosis.

The Veteran's bilateral hearing loss is granted as service-connected. The Veteran's arterial heart defibrillation disorder, right hip disability, left hip disorder, emphysema, and COPD are all denied as not related to his military service.

The Veteran's tinnitus is granted service connection as it was incurred in service. Service connection for cardiovascular disorder, COPD, asbestosis, and bilateral hearing loss are remanded for further development.

The Veteran's asbestosis with obstructive sleep apnea and COPD has been rated at 60 percent, but the Board found that his condition does not warrant a higher rating based on the evidence of record.

The Board denied the Veteran's claims for service connection for a lumbar spine disability, TDIU eligibility, and SMC for aid and attendance due to lack of nexus between his current disabilities and service. The evidence did not support that he required regular aid and assistance or was bedridden.

The Board has reopened the Veteran's claim for service connection for asbestosis due to new and material evidence. The case is remanded for further development, including obtaining VA medical records and opinions.