Asbestosis decisions — 2020

The Board has decided to remand the case for further examination and opinion regarding the Veteran's claim of service connection for asbestos-related disease, including his exposure aboard the U.S.S. Lake Champlain.

The Veteran's claim for an effective date prior to March 4, 2019, for his asbestosis was denied because the increase in disability had not been factually ascertainable within one year of the date he received full-time oxygen therapy. The Board found that the earliest date of increased disability was February 7, 2018.

The Veteran's asbestosis disability is rated at 100% effective March 12, 2018. Prior to that date, the rating was 60%. The Board found no evidence of a higher rating for any period.

The Board has remanded the case due to the need for additional development, including obtaining private medical records and an amended death certificate. The examiner is asked to provide opinions regarding whether in-service asbestos exposure caused the Veteran's COPD, asbestosis, and prostate cancer, and if these conditions contributed to his death.

The Board has ordered additional development to determine if the Veteran's asbestosis is related to service or post-service employment.

The Veteran's asbestosis with scattered pleural plaques is rated at 30 percent, effective from November 17, 2010. The claim for a total disability individual unemployability (TDIU) rating was denied.

The Veteran's service-connected disabilities (small cell lung cancer with asbestosis, esophageal cancer, and left neck scar) prevent him from obtaining and retaining substantially gainful employment. The Board granted a total disability rating based on individual unemployability (TDIU).

The Board has remanded the case due to a lack of compliance with previous remand instructions regarding obtaining a medical opinion from a respiratory specialist. The Veteran's asbestosis rating is still on appeal.

The Board denied the Veteran's claim for service connection for a respiratory disability, including interstitial pulmonary fibrosis and asbestosis, due to in-service asbestos exposure. The evidence did not support a relationship between his current respiratory disability and active service.

The Board has decided that the Veteran does not have a current diagnosis of asbestosis and denied service connection for this condition. The issue of service connection for PTSD is remanded due to a failure to verify the claimed stressor.

The Veteran's appeal was dismissed because he did not file a timely VA Form 10182 within the required timeframe.

The Board has remanded the Veteran's claim for a respiratory disorder secondary to asbestos exposure due to inadequate examinations and opinions. The case will be returned for further evaluation.

The Veteran's service-connected asbestosis resulted in post-bronchodilator pulmonary function tests (PFTs) that reflected a Forced Vital Capacity (FVC) of 59 to 73 percent and Diffusion Capacity of the Lung for Carbon Monoxide by the Single Breath Method (DLCO (SB)) of 46 to 52 percent, without evidence of cor pulmonale, pulmonary hypertension, or outpatient oxygen therapy. The Board found that an increased disability rating in excess of 60 percent is not warranted.

The Board has remanded the Veteran's claims for service connection and compensation under 38 U.S.C. § 1151 due to inadequate medical opinions regarding the etiology of his respiratory disorders and Parkinson’s disease, as well as a lack of VA examination records.

The Veteran's asbestosis has not resulted in pulmonary function tests (PFTs) showing Forced Vital Capacity (FVC) of 65 to 74 percent predicted, or; Diffusion Capacity of the Lung for Carbon Monoxide by the Single Breath Method (DLCO (SB)) of 56 to 65 percent predicted. As such, his initial rating in excess of 10 percent is denied.

The Veteran's claims of entitlement to increased ratings for asbestos related pleural plaques and hallux valgus are being remanded due to the need for additional medical examinations and records.

The Veteran's claims for service connection for asthma, asbestosis, COPD, OSA, and liver cancer due to asbestos exposure have been denied. The Board has also remanded the cases for additional development.

The Board has denied the Veteran's claims for service connection for a kidney condition, food poisoning, and breathing problems due to asbestos exposure as there is no medical evidence of current disabilities related to these conditions.

The Board denied the Veteran's claim for service connection for an asbestos related lung condition, including bilateral calcified pleural plaques due to exposure to asbestos in service. The VA examiner found no positive nexus between the Veteran’s bilateral calcified pleural plaques and his in-service exposure to asbestos.

The Board dismissed the appeal for service connection for an acquired psychiatric disorder as secondary to asbestos-related pleural disease due to the Veteran's withdrawal of his claim. The appeals for service connection for GERD and a respiratory condition, including asbestos-related pleural disease, are remanded.