Asbestosis decisions — 2020

The Board has granted service connection for COPD, finding that it is at least as likely as not caused by the Veteran's service-connected interstitial lung disease/asbestosis.

The Veteran's service-connected benign pleural plaquing due to asbestos exposure is not rated as compensable, with the March 2018 PFT showing a DLCO of 90 percent predicted.

The Board has remanded the Veteran's claims for a rating greater than 10 percent for asbestosis and service connection for sleep apnea, to include as secondary to his service-connected asbestosis. The Veteran is required to report for VA examinations to determine the current severity of his asbestosis and the etiology of his sleep apnea.

The Veteran's pulmonary asbestosis is currently rated at 60 percent from May 18, 2017 to May 31, 2019. The Board found that a higher rating was not warranted for any period.

The Board denied service connection for lung disability, including asbestosis, due to lack of evidence showing a disease resulting from asbestos exposure during military service.

The Board denied service connection for bilateral hearing loss and tinnitus, finding no evidence of a nexus between the conditions and active service. The Veteran's current hearing loss was not shown to be related to his military service.,Service connection for chronic lung disease due to asbestos exposure is also denied as there is no evidence that the condition began during or is otherwise related to service.

The Board has decided to remand the case due to insufficient medical opinion regarding the relationship between the Veteran's obstructive sleep apnea and his service-connected early asbestos lung disease. The Veteran needs a new VA medical opinion to determine if there is a nexus, causation, or aggravation.

The Veteran's service-connected disabilities do not meet the schedular requirements for TDIU under VA regulations. However, his claim is being remanded and referred to VA’s Director of Compensation Service for extraschedular consideration due to subjective factors that may permit a 100% rating based on his particular circumstances.

The Board has remanded the claims for COPD and asbestosis due to insufficient evidence, including incomplete service treatment records and an inadequate VA medical opinion. The Veteran's exposure to asbestos is conceded during active duty.

The Board has remanded the case because it needs to verify if the Veteran was exposed to asbestos during his service and determine if his pleural disease is related to that exposure.

The Board found that the Veteran's heart disability, including as secondary to asbestosis, was not incurred in or aggravated by active service and denied the claim.

The Veteran's bladder and prostate cancers were not incurred or aggravated by service, as there is no evidence of their onset during service or within one year of discharge. The respiratory disorder claims are remanded for further development.,There was no confirmed exposure to herbicides in Korea, and the Veteran did not have a presumptive claim based on Agent Orange exposure.

The Board has denied service connection for asbestosis and remanded the issue of service connection for a neurological disability of the lower extremities (claimed as peripheral neuropathy). The Veteran's current symptoms do not meet the criteria for a diagnosis of asbestosis, but his subjective sensory symptoms are consistent with small fiber neuropathy. The Board requested an addendum opinion to determine if these symptoms are related to military service and herbicide agent exposure.

The Veteran's claims for an increased rating for asbestosis with COPD and TDIU are being remanded due to the need for additional medical examinations and records.

The Veteran's claims for increased ratings were denied as his conditions did not meet the criteria for higher disability ratings under applicable VA rating criteria.

The Board has determined that the Veteran's chronic cough had its onset during his active duty service and grants service connection for this condition.

The Veteran's appeal for an increased rating for interstitial lung disease, diagnosed as early asbestosis, has been withdrawn in writing. The Board dismissed the appeal.

The Board has remanded the case due to incomplete information regarding the severity of the Veteran's asbestosis, specifically a lack of accurate DLCO testing results. The Veteran needs a new VA respiratory examination and opinion.

The Board denied the Veteran's claim for service connection for asbestosis, finding that he does not currently have this condition and there is no evidence of asbestos exposure during his military service.

The Veteran's application to reopen his claim of service connection for a lung disorder is dismissed. His application to reopen the claim of service connection for a sinus disorder is granted, but he withdrew his appeal before the Board could make a decision on it. The Board also denied his claim of service connection for sleep apnea.