Asbestosis decisions — 2021

The Veteran's cataracts were denied as the evidence did not show that they began during service or are related to an in-service injury, event, or disease. The chloracne was granted as it became manifest within one year of his separation from service and is presumed due to herbicide exposure.,Asbestosis and COPD were both denied as there was no evidence showing that the conditions began during service or are related to an in-service injury, event, or disease.

The Veteran's claim for service connection for allergic rhinitis is granted, and the claim for service connection for interstitial lung disease due to asbestos exposure is reopened.

The Veteran's claim of service connection for hypoglycemia has been dismissed due to the appellant's withdrawal.,Service connection for a dental condition is denied as there is no evidence of loss of substance of body of maxilla or mandible from trauma or disease such as osteomyelitis during service.,The Veteran's claim of service connection for a respiratory condition, claimed as breathing problems, to include as due to asbestos exposure, has been denied as there is no current diagnosis and the evidence does not support an in-service event related to this condition.,Service connection for a skin condition (dermatofibromas) is denied as there are no records showing anatomical loss of mandible or maxilla during service.,The Veteran's claim of service connection for mouth lesion has been remanded due to the lack of consideration of in-service complaints and the need for clarification regarding the diagnosis pattern.,Service connection for sleep apnea is remanded as there are no records showing a specific exposure event related to this condition during service.,Service connection for right knee disability, left knee disability, right hand middle finger disability, right hand ring finger disability, and right hand pinky finger disability have all been remanded due to the need for further medical evaluation and consideration of in-service complaints and current diagnoses.

The Veteran's COPD with asbestos-related pleural disease is currently rated at a 60 percent rating, but no higher, effective November 30, 2010. The appeal for TDIU remains in appellate status.

The Board denied service connection for sleep apnea and pulmonary disorder (asbestosis), and denied a rating higher than 20 percent for bilateral hearing loss since September 1, 2020. The Veteran's hearing loss is currently rated at 20 percent.

The Veteran's asbestosis has been rated at 30 percent prior to December 10, 2019 and 60 percent thereafter. The Board finds that the current severity of his service-connected asbestosis does not warrant a higher rating.

The Board has remanded the claims for service connection due to asbestos exposure, diabetes mellitus type II, low back disorder, hypertension, vision loss, and sore throat. The Veteran is required to provide VA with release forms to obtain his private treatment records from relevant providers.

The Veteran's service-connected disabilities did not prevent him from obtaining or maintaining substantially gainful employment prior to September 9, 2015.

The Board has remanded the claims for additional development due to outstanding private treatment records and medical opinions.

The Veteran's appeal to reopen his claim for service connection of asbestosis has been dismissed due to the death of the Veteran.

The Veteran's service-connected disabilities do not prevent him from obtaining and maintaining substantially gainful employment, so his claim for a total disability rating based upon individual unemployability is denied.

The Veteran's appeal for an increased rating for PTSD was denied, and his claim for TDIU due to service-connected disabilities was also denied. The Board found that the Veteran did not meet the criteria for a total disability evaluation based on individual unemployability.

The Veteran's asbestosis with calcified plaques is rated at 30 percent, which does not meet the criteria for a higher rating. The Board found that his pre-bronchodilator FVC results were not supportive of a higher rating and did not indicate cor pulmonale or pulmonary hypertension. For TDIU, the Veteran's service-connected disabilities do not render him unable to secure or follow substantially gainful employment.

The Board has denied the Veteran's claims for service connection for asbestosis of the left lung lobe and vertigo, including as secondary to service-connected tinnitus. The evidence does not support a diagnosis of these conditions related to military service.

The Board has remanded the cases for further development due to incomplete records and need for additional medical opinions.

The Board has remanded the case due to uncertainty about whether the Veteran currently has a respiratory disability related to his service, specifically asbestos exposure. The VA examiner will need to review all relevant records and determine if there is enough evidence to establish service connection for any diagnosed respiratory condition.

The Board has remanded the claims for lung disorder and heart disorder due to potential issues with causation and aggravation, as well as a need for additional medical opinions.

The Veteran's service-connected disabilities, including prostate cancer and bilateral hearing loss, have rendered him unable to secure or follow a substantially gainful occupation from June 10, 2004 to April 20, 2010. The Board has granted entitlement to TDIU on an extraschedular basis for this period.

The Veteran's asbestosis was rated at a 60 percent disability rating since June 21, 2017. Prior to that date, the condition did not warrant a higher rating.

The Board denied the Veteran's claim for service connection for a respiratory disability, including sleep apnea, asbestosis, and neoplasms of the respiratory system, finding that it was not related to his service or secondary to his service-connected PTSD. The Board also found obesity did not cause or aggravate the respiratory disability.