Asbestosis decisions — 2021

The Board dismissed the Veteran's claims for service connection for hearing loss, tinnitus, and chronic coughing as due to asbestos exposure because no NOD was received within the appeal period.

The Veteran's lung disability, including asbestosis and related interstitial fibrosis, was initially rated noncompensable from January 22, 2009. The Board has remanded the case for a new examination to assess current severity of his respiratory disorder due to reported worsening symptoms.

The Board has remanded the claim of service connection for the cause of the Veteran's death due to incomplete National Guard records and need for a medical opinion on the cause of death.

A total disability rating based on individual unemployability due to the aggregate effect of the Veteran's service-connected disabilities (TDIU) is granted effective November 20, 2014. The Veteran's hypertension and pulmonary condition possibly related to asbestos exposure are remanded for further evaluation.

The Board has remanded the case due to insufficient evidence regarding the Veteran's service connection claims for asbestosis and COPD. The examiner is asked to provide an opinion on whether these conditions are related to service, including considering conflicting evidence from other sources.

The Board has remanded the cases for further development and to obtain additional medical records, including from SSA. The Veteran's right knee condition is also being reviewed by a VA clinician.

The Board has remanded the claims for increased rating and TDIU due to asbestosis and COPD, with a focus on resolving conflicting opinions regarding causation of COPD prior to August 13, 2018.

The Board has denied service connection for asbestosis and remanded the issues of service connection for a respiratory disorder (claimed due to exposure to asbestos) and peripheral neuropathy of the bilateral upper extremities (secondary to a cervical spine disorder).

The Veteran's service connection claims for right and left knee disabilities, left great toe disability, gastroesophageal reflux disease (GERD), unspecified residuals of a car accident, right hip disability, left shoulder disability, congestive heart failure, and residuals of cat scratch fever have been granted. The claim for dental disability for compensation purposes remains denied.

The Veteran's claims for service connection and a higher rating have been dismissed due to his death. The Board has no jurisdiction to proceed with these matters as the appellant is deceased.

The Veteran's claim for a higher rating for asbestosis and his TDIU claim are both remanded due to the need for additional development.

The Veteran's claim for an effective date earlier than April 27, 2020, for the grant of service connection for asbestosis was denied. The Board found that the earliest effective date is April 27, 2020, which is when the claim was received.

The Veteran's SMC (r)(2) benefits for need of aid and attendance are granted, effective March 31, 2015. The RO failed to apply the correct rate due to a LCR error in applying asbestosis and coronary artery disease.

The Board has remanded the case due to conflicting opinions regarding the Veteran's respiratory disorders, specifically asbestosis, asthma, and COPD. The AOJ must complete efforts to determine the extent of the Veteran's exposure to asbestos during service and obtain an addendum opinion from a VA examiner.

The Board denied the Veteran's claim for SMC based on the need for aid and attendance due to his service-connected disabilities, finding that he does not meet the criteria for regular aid and attendance.

The Veteran's claim for a higher rating for hallux valgus was denied.,The Veteran's claim for a higher rating for asbestos related pleural plaques is being remanded.

The Veteran's service connection claim for an acquired psychiatric disorder, to include PTSD, anxiety, and depression is granted. The Board also remanded the claims for ischemic heart disease, lung disability (asbestosis), and fatigue due to potential exposure to asbestos during service.

The claim to reopen the service connection for the cause of the Veteran's death was denied because there is no new and material evidence showing a link between the Veteran's death and service or a service-connected disability.

The Veteran's claims for PTSD and breathing problems due to asbestos exposure are being remanded as new opinions are needed.,The Veteran's claim for allergic rhinitis is being remanded because his condition may have worsened since the last examination.,The Veteran's claim for right shoulder disability is being remanded due to insufficient evidence of increased severity over time.,Whether the character of the Veteran's discharge during December 1998 to October 2001 constitutes a bar to VA compensation benefits is being remanded as new opinions are needed regarding mental health issues and insanity.,The Veteran's claim for an undiagnosed illness or MUCMI, including weight changes, idiopathic skeletal hyperostosis, spondylitis, autoimmune disease, and chronic fatigue, is being remanded due to the need for clarification of his medical records.,The Veteran's claim for periodic numbness of the lip and jaw (secondary to genioglossal advancement surgery) is being remanded as new opinions are needed regarding the nature and etiology of his condition.,The Veteran's claim for residuals of traumatic brain injury (TBI) is being remanded due to inextricability with the character of discharge issue.,The Veteran's claim for a deviated septum is being remanded due to inextricability with the character of discharge issue.,The Veteran's claim for TDIU is being remanded as it is inextricably intertwined with other claims.

The Veteran's petition to reopen the claim of service connection for headaches, secondary to his service-connected anxiety disorder NOS with features of PTSD, was granted. The appeal for service connection for asbestosis and petitions to reopen claims for tinnitus, squamous cell carcinoma of the right base of the tongue, and traumatic brain injury (TBI) were dismissed.