Asbestosis decisions — 2021

The Veteran's service-connected disabilities did not prevent him from obtaining or following substantially gainful employment prior to September 1, 2016.

The Veteran's right ear hearing loss, thrombocytopenia, and respiratory disability (asbestosis) are all granted as service-connected. The issues of service connection for a right shoulder disability, right lower extremity radiculopathy, left lower extremity radiculopathy, cervical spine disability, thoracolumbar spine disability, and special monthly compensation based on aid and attendance are being remanded.

The Veteran's asbestosis with pleural plaques to include atelectasis and pleural effusion was granted a 100% evaluation throughout the appeal period, effective October 21, 2016.

The Board has denied the Veteran's claim for service connection for asbestosis, finding that there is no causal relationship between his current condition and his military service. The evidence does not support a finding of in-service asbestos exposure or a nexus to service.

The Board has found that the VA examinations and opinions do not address whether any of the Veteran's other respiratory disabilities are related to service, including his asbestos exposure. The matter is therefore remanded for further clarification.

The Veteran's claim for an initial disability rating in excess of 0 percent for asbestosis (claimed as mesothelioma) was dismissed due to his death, and there is no surviving appellant.

The Board has remanded the Veteran's claims for bilateral hearing loss and restrictive lung disease with asbestosis due to insufficient evidence regarding the severity of his service-connected respiratory disability.

The Board has remanded the case due to insufficient medical opinion regarding whether the Veteran's sleep apnea is aggravated by his service-connected asbestosis with pleural plaques.

The Board has remanded the case due to conflicting VA examination findings regarding the severity of the Veteran's asbestosis. The Veteran is seeking a higher initial rating for his service-connected asbestosis.

The Board has remanded the claims for service connection for a respiratory disability and an acquired psychiatric disorder due to incomplete development of evidence, including verification of stressors and clarification of medical opinions.

The Veteran's appeal for service connection for lung condition with nodules (claimed as lung cancer due to asbestos and hazardous materials exposure) was dismissed because the Veteran died during the pendency of his appeal.

The Veteran's appeal for service connection for a respiratory disorder other than COPD and a skin disability due to Gulf War exposure was denied. The Board found no current evidence of these conditions.

The Veteran's service-connected pleural and pulmonary asbestosis is rated at 30 percent, effective prior to December 14, 2017. The appeal for a higher rating is denied.

The Veteran's claim for service connection for cognitive impairment disorder was denied as no new and material evidence was received.,The Veteran's claim for service connection for PTSD was denied as no new and material evidence was received.,The Veteran's claim for service connection for depression was denied as no new and material evidence was received.,The Veteran's claim for service connection for hypertension was denied as no new and material evidence was received.,The Veteran's claim for service connection for asbestosis was denied as no new and material evidence was received.,The Veteran's claim for service connection for insomnia was denied as no new and material evidence was received.

The Veteran's claim for service connection for a pulmonary disability, claimed as the result of asbestos exposure during active service is remanded due to insufficient evidence. The VA will obtain additional medical records and schedule the Veteran for a VA examination.

The Board denied the Veteran's claims for service connection for asbestosis and COPD, finding no current diagnosis of asbestosis and insufficient evidence linking COPD to service.

The Board has granted service connection for bilateral hearing loss. Service connection for asbestosis is remanded due to insufficient evidence.

The Veteran's lung disability, diagnosed as pulmonary fibrosis, is not related to his service and the Board finds that it was not caused by or aggravated by any in-service asbestos exposure.

The Board has granted service connection for a respiratory condition, variously diagnosed as asbestosis and asbestos pleural disease, finding that the evidence is in equipoise as to whether it was caused by in-service exposure to asbestos.

The Veteran's asbestosis has worsened since his last VA examination, and a new evaluation is needed to determine the current severity of his condition.