Asbestosis decisions — 2021

The Board has determined that the appellant's appeal for service connection for cause of the Veteran's death and nonservice-connected pension benefits must be remanded due to errors in duty to assist. The AOJ is instructed to obtain medical opinions regarding the relationship between the Veteran's fatal conditions and his active duty, including any exposure to asbestos.

The Veteran's asbestos pleurisy (calcified pleural plaque of the left lung) and chronic obstructive pulmonary disease are related to his active service, and service connection is granted.

The Veteran's claim for service connection of asbestos was granted with an effective date of May 21, 2019. The decision is based on the filing of a new application for compensation on that day.

The Board has remanded the claims for service connection due to insufficient evidence regarding the Veteran's in-service exposure and its relation to his current conditions. The claims are pending further examination and opinion.

The Board has remanded the Veteran's claims for service connection for a lung disorder and dermatological condition due to inadequate compliance with prior remand directives. Additional examinations are needed to address whether these conditions arose during or are otherwise related to his military service, including exposure to asbestos.

The Veteran's service-connected interstitial lung disease with asbestos-induced pleural plaques is manifested by a mild disability without significant effect on his total diffusing capacity, and the VA examiners have determined that this condition is primarily due to nonservice-connected emphysema.

The Veteran's claim for a rating of 60 percent from March 29, 2017 to November 25, 2019 for asbestosis has been granted. The effective date is set at the date of claim or the date entitlement arose, whichever is later.

The Board denied the Veteran's claim for service connection of asbestosis, finding that there was no evidence of in-service asbestos exposure and insufficient medical opinion to establish a nexus between his current condition and any such exposure.

The Board has remanded the case for further development to determine if the Veteran's respiratory disability, including asbestosis and COPD, is related to his in-service asbestos exposure.

The Board has remanded the Veteran's claim for service connection for chronic obstructive pulmonary disease, lung condition due to asbestosis exposure. The case is returned for further review and an addendum medical opinion from the March 2021 VA examiner.

The Veteran's claims for an increased rating for asbestosis and TDIU are remanded due to insufficient evidence in the previous examinations.

The Board has found that the Veteran does not have service connection for diabetes mellitus, hypertension, bilateral lower hernia, right ear hearing loss, left ear hearing loss, right foot disorder, left foot disorder, skeletal arthritis, sinus disorder, COPD, headaches, right carpal tunnel syndrome, left carpal tunnel syndrome, depression, bilateral eye disorder, erectile dysfunction, or asbestosis. The Board has also found that the Veteran's service connection claims for these conditions are remanded due to outstanding in-service medical records and VA treatment records.

The Board denied service connection for lower back strain with pain, as the evidence did not establish a chronic disability in service or continuity of symptomatology. The Veteran's current degenerative arthritis is not presumed due to his military service.,Service connection was also denied for asbestosis, as there is no diagnosis related to asbestos exposure during service and no current diagnosis of asbestosis.

The Veteran's service-connected disabilities do not render him in need of regular aid and attendance or substantially confined to his dwelling due to service-connected conditions, resulting in a denial for special monthly compensation based on aid and attendance and housebound status.

The Board has remanded the Veteran's claims of service connection for a back disability and a respiratory disability due to insufficient evidence in the record. The Veteran served on active duty from January 1966 to May 1969.

The Veteran's initial ratings for slowed speech, swallowing difficulties, asbestosis, right and left upper extremity weakness, and bilateral hearing loss have been denied. The Board has found that the evidence does not support a higher rating for any of these conditions.,Service connection for tinnitus has also been remanded due to conflicting opinions in the medical records.

The Veteran's bilateral hearing loss is currently rated as noncompensable. The lung disease claim has been remanded due to a pre-decisional duty to assist error.

The Veteran's tinnitus is granted as service-connected.,There is no evidence of bilateral hearing loss for VA purposes at any time during the appeal period, so his claim for this condition is denied.

The Veteran's service-connected respiratory disorder does not prevent him from securing or following substantially gainful employment.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for asbestosis. However, the preponderance of the evidence is against finding a current diagnosis of asbestosis or any link between the Veteran's military service and this condition.