Asbestosis decisions — 2021

The Board has decided to remand the case due to a lack of a VA examination for asbestosis, and the need to determine if it is related to service.

The Board has decided to remand the case due to inadequate VA opinions and the need for a new opinion from an appropriate clinician with experience in asbestos-related claims.

The Veteran's claim for a TDIU on an extraschedular basis was denied because the evidence did not show that his service-connected disabilities rendered him unable to secure or follow substantially gainful employment.

The Board has determined that the Veteran's service-connected asbestosis with pleural plaques contributed to his death from carcinoma of the liver, granting service connection for cause of death.

The Veteran's asbestosis, asthma, and COPD are not currently manifested by the required criteria for a higher rating. The Board has remanded this issue due to conflicting medical opinions regarding the need for outpatient oxygen therapy.

The Veteran's asbestosis is rated at the maximum level of 100 percent from January 3, 2011 to March 15, 2016 and from March 20, 2018 to April 10, 2019.

The Board has decided that the service connection for a pulmonary disability, including COPD and asbestosis, needs further clarification due to conflicting diagnoses. The Veteran's smoking history is established but the role of asbestos exposure in his COPD development or severity remains unclear.

The Board has decided to remand the Veteran's claims for a low back condition and asbestosis with pleural plaques due to the need for additional examinations and testing. The Veteran is seeking service connection for his low back condition, which he attributes to an in-service injury, and a compensable rating for his asbestosis with pleural plaques.

The Board denied the Veteran's claim for service connection for a respiratory disorder, including asbestosis, COPD, bronchitis, and emphysema, finding no evidence of asbestos exposure or related disability.

Service connection for back pain and chest pain/sinus ventricular tachycardia was denied due to lack of evidence linking these conditions to service.,Service connection for psychiatric disability (schizophrenia) was granted based on new evidence indicating a link to service.

The Board has remanded the cases due to missing audiogram results and clarification of word recognition scores, as well as obtaining relevant private healthcare records.

The Board has granted service connection for asbestosis and remanded the issue of service connection for rheumatoid arthritis.

The Veteran's service-connected PTSD and asbestosis disabilities rendered him unable to secure or follow a substantially gainful occupation prior to January 21, 2011. The Board granted entitlement to TDIU on an extraschedular basis for this period.

The Board has remanded the Veteran's claims for an initial compensable rating for pleural plaques and entitlement to a total disability rating based on individual unemployability (TDIU) due to incomplete development of records.

The Board has granted an initial 10 percent rating for pleural plaques, also claimed as asbestosis, effective from July 13, 2012.

The Veteran's service-connected disabilities render him unable to secure or follow substantially gainful employment, and the Board has granted a total disability rating based on individual unemployability (TDIU).

The Board denied service connection for asbestosis, finding that the Veteran's MOS of ship's cook and gunman had a minimal risk of asbestos exposure. The opinion also considered his work in a sheet metal factory but concluded that working there posed a greater risk of asbestos exposure than his military duties.

The Board has remanded the issues of service connection for various conditions, including a cervical spine disability and peripheral neuropathy in multiple extremities. The Veteran's claims are pending further examination and review.

The Veteran's asbestosis has worsened since his last VA examination in 2017, and he is being asked to provide updated treatment records. He will also be scheduled for a new VA examination to assess the current severity of his disability.

The Veteran's hypertension and asbestosis have been granted service connection. The decision on sleep apnea is pending.