Asbestosis decisions — 2021

The Veteran's appeal is remanded for further development regarding his initial compensable rating prior to November 15, 2018, and an initial rating in excess of 10 percent from that date for service-connected bilateral hearing loss.

The Board has granted service connection for asbestosis, finding that the Veteran's in-service exposure to asbestos is at least as likely as not related to his current condition. The decision also includes a grant of service connection for emphysema and interstitial lung disease, though this was broadened from the original claim.

The Board has determined that additional development is needed to determine the etiology of the Veteran's lung conditions, including shortness of breath, COPD, emphysema, and pulmonary nodules. The case will be remanded for further examination and opinion.

The Board has remanded the case due to inadequate VA examinations and the need for new evidence, including PFTs. The Veteran's COPD is not service-connected.

The Board denied service connection for the cause of the Veteran's death, finding that his death was not related to a service-connected disability or to service in any other way.

The Veteran's asbestosis with COPD has been granted a 60% rating from March 24, 2018. Prior to this date, the condition was not service-connected.

The Veteran's service-connected lung condition (asbestosis with emphysema) has rendered him unable to secure or follow a substantially gainful occupation, and the Board has granted a TDIU based on this disability.

The Veteran's lumbar strain and posterior facet joint arthropathy are granted as service-connected. The right ankle, sleep apnea, diabetes mellitus type II, right shoulder disability (other than right upper extremity radiculopathy), left shoulder disability (other than left upper extremity radiculopathy and residuals of stab wound), respiratory disability (to include asbestosis), and hemorrhoids are all remanded for further development.

The Board has remanded the cases of service connection for a respiratory disorder, asbestosis and COPD, and headaches due to incomplete evaluations and need for additional medical opinions.

The Board has remanded the claims for service connection for asbestosis, pulmonary arterial hypertension, and pulmonary fibrosis due to conflicting medical evidence. The case will be returned for further examination and opinion.

The Veteran's asbestos-related lung disease is currently rated at 10 percent disabling since August 5, 2020. The Board denied an initial compensable rating prior to that date and a higher rating thereafter.

The Board has remanded the cases for further development and consideration. The Veteran's PTSD claim is being remanded due to a lack of an earlier effective date, while his respiratory disability and TDIU claims are being remanded for additional evaluations.

The Board denied service connection for a respiratory condition due to asbestos exposure, finding that the Veteran does not have asbestosis and there is no evidence of a chronic disability such as asbestosis resulting from in-service asbestos exposure.

The Veteran's death was not caused by a service-connected condition, and the Board found insufficient evidence to establish that asbestos exposure during service contributed to his death.

The Board has remanded the case due to insufficient verification of asbestos exposure during the Veteran's service. The AOJ is required to verify any potential exposure and provide a summary or memorandum based on verified information from official sources.

The Board has remanded the case due to inadequate VA examination and medical opinion regarding service connection for respiratory disease, including COPD and asbestosis. The Veteran's exposure to asbestos during service is conceded.

The Board has decided to remand the case due to insufficient medical explanation regarding the Veteran's pulmonary disability and its relation to asbestos exposure. The case will be reviewed by a pulmonologist for further clarification.

The Board has granted a 100 percent rating for asbestosis effective February 25, 2021. The Veteran's pre-bronchodilator PFT results showed FVC at 69% predicted and DLCO at 96%, while post-bronchodilator results were FVC at 72% predicted and DLCO at 22.4%. These results meet the criteria for a 100 percent rating.

The Board has granted service connection for asbestosis related pleural plaques with an effective date of October 26, 2015. The appeal regarding the earlier effective date is denied.

The Board has dismissed the Veteran's claims for service connection due to an erroneous report of his death.,The issues of service connection for PTSD, asbestosis, adjustment disorder, hypertension, bilateral eye disorder (including cataracts, arcus senilis, pinguecula, and refractive error), coronary artery disease, and dizziness are being remanded for further development.