Asbestosis decisions — 2021

The Veteran's chronic obstructive pulmonary disease, coronary artery disease, hypertension and tinnitus are all granted as service-connected.,Bilateral hearing loss is denied due to lack of evidence showing a current disability.

The Board has reopened the Veteran's claims for service connection for PTSD, an acquired psychiatric disability, a respiratory condition including asthma and sleep apnea, and a back condition. The cases are remanded to obtain additional medical opinions regarding the etiology of these conditions.

The Veteran's asbestosis with COPD was rated at 60 percent prior to December 12, 2019. As of that date, the rating was increased to 100 percent.,Prior to December 12, 2019, the Veteran did not meet the criteria for a 100 percent rating based on his FEV-1/FVC ratio.

The Board has remanded the case due to a need for an addendum opinion regarding whether the Veteran's lung condition, characterized as pleural effusions, is related to service, including asbestos exposure.

The Veteran's appeal for an initial disability rating for asbestos-related lung disease, including emphysema and asthma, has been dismissed due to the death of the appellant. The appeal for a total disability rating based on individual unemployability has also been dismissed.

The Veteran's service-connected spot on the right lung due to asbestos exposure is not compensable, and his COPD and emphysema are unrelated. The TDIU rating prior to May 6, 2019, is remanded.

The Board has remanded the claims of service connection for COPD, hypertension, and asbestosis due to new evidence received since the last final decision.

The Board has remanded the case due to a need for an addendum medical opinion regarding the Veteran's lay statements of continued shortness of breath since active duty service.

The Board denied the Veteran's claim for service connection for a respiratory disorder, including asbestosis, COPD, and bronchiectasis, finding that there was no evidence of asbestosis in his medical records. The Board also found that the Veteran’s current lung conditions were not caused by asbestos exposure during service.

The Board denied the Veteran's claim for service connection for a lung disorder, including as related to exposure to asbestos. The most probative evidence did not reach the level of equipoise in finding that any of the Veteran’s current lung disorders had onset during or are etiologically related to military service, to include exposure to asbestos.

The Veteran's claims for service connection for diabetes mellitus, type II; hypertension; and a respiratory disorder are remanded due to conflicting medical opinions regarding the presence of these conditions. The RO must obtain updated VA and private treatment records and schedule examinations to determine if the Veteran has current diagnoses of these conditions.

The Veteran's appeals were dismissed due to his death. The lung condition and right hip condition claims are dismissed, as is the petition to reopen the right hip condition claim.

The Board has dismissed the appeal as the Veteran died during the pendency of the appeal and thus, the Board does not have jurisdiction to adjudicate the merits of the service connection claims.

The Board has remanded the case due to insufficient development of evidence regarding the Veteran's exposure to asbestos during service and its relationship to his cause of death. The appellant is asked to provide information about her husband’s asbestos exposure, and a VA clinician will be requested to review the claims file and provide an opinion on whether the Veteran's exposure to asbestos resulted in a disability that caused or contributed to his death.

The appeal for a 10 percent evaluation based on multiple, noncompensable service-connected disabilities is dismissed. The appeals for initial compensable evaluations for bilateral hearing loss and pleural plaques (claimed as asbestosis) are remanded.

The Veteran's asbestosis is currently rated at 10 percent, but the evidence does not meet the criteria for a higher rating based on lung function tests or other diagnostic criteria.

The Veteran's calcified pleural plaques, residuals of asbestos exposure have been rated at 10 percent since June 27, 2012. The Board has determined that the disability does not warrant a higher rating based on the current evidence.

The Board has decided that the Veteran's claims for service connection for PTSD and a respiratory disorder due to asbestos exposure should be remanded for further development.

Service connection is granted for degenerative disease of the lumbar and thoracic spine, which is linked to the Veteran's service in airborne operations and special forces.,Service connection is also granted for lung pathology including lung cancer and parenchymal/interstitial lung disease, which are associated with asbestos exposure during service.

The Board has decided to remand the case due to insufficient medical evidence regarding the Veteran's spirometry results, and requests clarification from Dr. D.M. or another VA examiner.