Asbestosis decisions — 2020

The Board has decided to remand the case due to incomplete records and need for additional medical opinions regarding the Veteran's asbestosis claim.

The Board has decided to remand the case due to insufficient medical opinions and incomplete treatment records. The Veteran's claim for service connection for asbestosis, including any diagnosed respiratory or pulmonary disability, is being returned to the agency of original jurisdiction (AOJ) for further action.

The Veteran's claims for service connection are remanded due to the need for additional examinations and development.,The Veteran's claim for an initial compensable evaluation for bilateral hearing loss is remanded. The Board finds that an additional VA examination is needed to ascertain the current severity of his service-connected bilateral hearing loss.,The Veteran's claims for service connection for skin cancer, type II diabetes mellitus, and a heart disorder are remanded due to the need for further development regarding herbicide exposure and possible verification of in-service events. The Board also finds that VA examinations are needed to determine the nature and etiology of any current disorders.,The Veteran's claim for service connection for vertigo is remanded due to the need for a VA examination to determine its relationship to his military service.,The Veteran's claims for service connection for a left knee disorder and low back disorder are remanded due to the need for VA examinations to determine their nature and etiology.

The Board denied service connection for a respiratory disorder, claimed as asbestosis, including as due to asbestos exposure, finding that the Veteran does not have a current diagnosis of any respiratory pathology or asbestos-related disability.

The Board has granted service connection for the cause of the Veteran's death due to asbestosis, which was presumed to be caused by his in-service exposure to asbestos. The Board found that the latency period between the Veteran's in-service exposure and his post-service diagnosis of asbestosis was within acceptable scientific standards.

The Board has remanded the Veteran's claims for service connection due to incomplete development and procedural issues. The claims will be adjudicated again after all requested actions are completed.

The Board has determined that there was not substantial compliance with the remand directives and thus, the Veteran's appeals for service connection for bilateral macular degeneration, asbestosis, and asthma must be returned to the RO for further development.

The Board has denied the Veteran's claim for service connection for a respiratory/pulmonary disorder, including restrictive lung disease, emphysema, pulmonary fibrosis, chronic obstructive pulmonary disease (COPD), asbestosis and lung cancer. The evidence does not support a finding that these conditions are related to service exposure to asbestos.

The Veteran's asbestosis is currently rated at 30 percent, and the Board has determined that a higher rating is not warranted.

The Veteran's claims for service connection for prostate cancer and asbestosis were denied. The Board found no evidence to support the claim that prostate cancer was related to ionizing radiation exposure during service, nor did it find a direct relationship between prostate cancer and active service. For asbestosis, the Board determined there was insufficient post-bronchodilator testing results to determine an appropriate disability rating.

The Board has remanded the case due to new evidence being added to the record, and the appellant wishes for it to be reviewed by the AOJ first. The issue of service connection for a chronic lung disease, including asbestosis, is still pending.

The Veteran's service-connected asbestosis is rated at 30 percent, and the Board denied an increased rating.

The Board has reopened the Veteran's claims for service connection for right forearm fracture residuals, left knee disorder, and right ankle disorder. The case is remanded to determine if service connection can be established for these conditions.

The Board has remanded the claims for lung disorder and lumbar spine disability due to additional development being necessary, including obtaining medical records and providing addendum opinions.

The Board has remanded the case for further development and an updated VA examination to address the Veteran's claim of a respiratory disorder related to asbestos exposure during service.

The Veteran's appeal is being remanded for further development, including a new VA examination to assess the severity of his COPD and asbestos-related pleural disease. The TDIU claim remains in appellate status as well.

The Veteran's respiratory condition, including asbestosis and COPD, is being remanded for further evaluation due to the lack of recent Pulmonary Function Test (PFT) records.

The Board denied the Veteran's claims for service connection for a lung disability to include asbestosis and a rating higher than 30 percent for degenerative arthritis with Pellegrini-Steida disease of the left knee, finding that there was no evidence linking these conditions to his military service.

The Board has decided to remand the case due to insufficient development regarding the Veteran's asbestos exposure and its relation to his asbestosis.

The Board has decided to remand the Veteran's claim for an initial compensable rating for asbestos related pleural disease with pleural plaques due to conflicting pulmonary function test results and unclear severity determination.