Asbestosis decisions — 2020

The Veteran's tinnitus is granted service connection. Service connection for asbestosis and asthma are denied, but the claim of reopening the asthma claim is granted. The claims of service connection for bilateral hearing loss and COPD are remanded.

The Board has remanded the case due to insufficient evidence and lack of substantial compliance with previous directives. The Veteran's respiratory condition, claimed as due to asbestos exposure, is being reviewed again for service connection.

The Board has found that the VA examination conducted in July 2019 was inadequate and remanded for a new examination. The Veteran's representative argues that the August 2020 VA examination is also incomplete due to COVID-19, leading to an insufficient evaluation of his asbestosis condition.

The Board denied the Veteran's claims for service connection for asbestosis and COPD, finding that there was no evidence to support a link between his active duty service and these conditions.

The Veteran's claim for a higher rating for asbestosis with paralyzed diaphragm is dismissed because the issue has been rendered moot by the grant of service connection and the assignment of a 100% disability rating.

The Board has remanded the Veteran's claims for increased rating and TDIU due to his service-connected asbestosis. The Veteran needs a VA examination to assess the current severity of his asbestosis, including pulmonary function tests.

The Board has denied the Veteran's claim for service connection for right lung cancer and its associated removal due to asbestos exposure, finding no evidence of a chronic condition during service or within one year post-service.

The Board has restored a 60 percent disability rating for the service-connected asbestosis, effective February 1, 2019, finding that there was no actual improvement in the condition and that the Veteran's symptoms had worsened.

The Veteran's asbestosis and COPD were granted an initial increased evaluation of 30 percent prior to April 5, 2017. The claim for a higher rating since that date was denied.

The Board has granted service connection for asbestosis and COPD, finding that the Veteran's current disabilities are at least as likely as not related to his in-service exposure to asbestos.

The Board has remanded the Veteran's claims for service connection and rating of his respiratory condition and degenerative changes of the thoracolumbar spine due to incomplete examination findings. The Veteran is asked to provide a new VA opinion regarding the nature and etiology of his respiratory disability, specifically whether it is related to passive asbestos exposure in service. A new VA examination is also needed for the back disability.

The Board has remanded the case for further development and an addendum opinion to determine if the Veteran's COPD is related to his service-connected asbestosis.

The Veteran's claims for service connection for GERD as secondary to his asbestos pleural plaque with mild reactive airway (pulmonary condition) and TDIU prior to February 29, 2016 are being remanded due to the need for a medical opinion regarding whether any of the medication he takes for his pulmonary condition causes or aggravates his GERD.

The Board has decided to remand the case due to failure to obtain full PFT results and outstanding treatment records, and to schedule a new VA examination.

The Board has remanded the case due to insufficient information regarding the Veteran's exposure to asbestos during service and post-service, requiring an addendum opinion from a VA examiner.

The Board has remanded the claims for service connection for asbestosis, diabetes mellitus type II, and a skin condition due to inadequate reasons or bases in the May 2017 decision. The Veteran's private treatment records indicate diagnoses of asbestosis, but the VA examiner did not address these records directly. The Board also needs to determine if the U.S.S. America was within the 12-nautical-mile territorial sea of Vietnam during the Veteran's service.

The Board has denied the claim for service connection for the cause of the Veteran's death, finding that his stroke was not caused by or related to his service-connected asbestosis and fracture of the right maxilla.

The Board denied service connection for mesothelioma and asbestosis, finding no current diagnosis of these conditions.

The Board has withdrawn the Veteran's claim for service connection for asbestosis and remanded his claims for diabetes mellitus, fungal infection of the hands, and an acquired psychiatric disorder. The claims are being remanded to obtain additional medical opinions.

The Board has found the VA medical opinion inadequate and remands the case for further development, including obtaining a new VA medical opinion.