Asbestosis decisions — 2020

The Board has decided to remand the case due to insufficient medical evidence regarding the Veteran's respiratory condition, specifically his claimed asbestosis. The VA examiner did not consider the April 2017 findings that suggested pleural plaque thickening indicative of asbestosis.

The Board has determined that the Veteran's lung disability is at least as likely as not related to his military service, including exposure to burn pits during deployment. Service connection for a lung disability is granted.

The Board has dismissed all service connection claims due to the Veteran's death.

The Veteran's service-connected disabilities, including his lumbar spine and sleep apnea conditions, are found to be causally related to his psychiatric disorder. Effective dates for the grant of service connection for radiculopathy have been granted.

The Board has granted a TDIU for the period prior to April 27, 2018 due to service-connected asbestosis. The claim for bilateral hearing loss was denied and an increased rating for asbestosis remains on appeal.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to his service-connected asbestosis, finding that it did not render him unable to obtain and maintain substantially gainful employment.

The Veteran's respiratory disability, including COPD and asbestosis, is being remanded for further evaluation due to the need for a pulmonary specialist opinion regarding presumed asbestos exposure during service.

The Board denied the Veteran's claims for service connection for a pulmonary disorder and an initial compensable rating for bilateral hearing loss, finding that there was no evidence linking his current conditions to his military service.

The Board denied service connection for a respiratory disorder, including COPD, emphysema, and asbestosis. The Board found that the Veteran's current respiratory disorders are not related to his military service.,The Board also denied service connection for a memory disorder, including dementia and Alzheimer’s disease. The Board concluded that there is no evidence linking these conditions to the Veteran's military service.

The Board has granted service connection for atrial fibrillation as secondary to the service-connected obstructive sleep apnea. The lung disorder (including COPD and asbestosis) is remanded for further examination and opinion.

The Board has granted service connection for asbestosis, finding that the current diagnosis is related to exposure during active service and resolving reasonable doubt in favor of the Veteran.

The Board has remanded the case due to conflicting medical opinions regarding the relationship between the Veteran's asbestosis and his service. The VA respiratory examination is required to reconcile these opinions.

The Veteran's asthma is being remanded for a new examination to obtain the required DLC test results.,Service connection for COPD, allergic rhinitis, and GERD are all being remanded due to insufficient rationale in the previous opinions.

The Board has remanded the claims for bilateral hearing loss, right hip disorder, respiratory disorder (claimed due to asbestos exposure), and acquired psychiatric disorder (major depressive disorder) for further development.

The Board has granted service connection for reactive lymphadenopathy and an asbestos-related respiratory disorder, finding that the Veteran's current conditions are as likely as not related to his in-service exposure to asbestos.

The Board has granted service connection for COPD, finding that it was caused and aggravated by the Veteran's service-connected asbestosis.

The Board dismissed the appeal as it did not have jurisdiction to consider the claim of CUE in the February 1995 rating decision regarding service connection for asbestos contamination, bronchitis and emphysema.

The Veteran's claim for special monthly compensation based on the need for aid and attendance or housebound status has been denied. The Board found that there is no evidence of actual bedridden or housebound condition due to his service-connected respiratory disability. The TDIU issue was also remanded.

The Board denied the Veteran's claims for service connection for an asbestos-related pleural disease and entitlement to TDIU due to his bilateral hearing loss. The preponderance of evidence did not support a finding that any current asbestos-related pleural disease was related to service, while the VA medical opinions supported this conclusion. For TDIU, the Board found that the Veteran's service-connected bilateral hearing loss alone did not prevent him from securing and following substantially gainful employment.

The Veteran's initial claim for an increased rating for asbestosis was denied. The Board found that the evidence did not show FVC or DLCO percentages sufficient to warrant a higher than 10 percent disability rating prior to March 27, 2014 and from March 27, 2014 through February 13, 2015. A 30 percent rating was granted effective February 13, 2015.