Asbestosis decisions — 2021

The Veteran's claim for an initial rating in excess of 60 percent for asbestosis with COPD is being remanded due to the need for additional development and consideration of newly received evidence.

The Board denied an initial compensable rating for asbestosis with pulmonary nodules, finding that the Veteran's FVC and DLCO did not meet the criteria for a compensable rating.

The Board has granted service connection for asbestos-related lung disease, finding that the Veteran's current diagnosis is related to his exposure to asbestos during military service.

The Veteran's asbestosis was rated at 10 percent and the Board found that a higher rating is not warranted based on his pulmonary function tests. The claim for TDIU was denied because the Veteran did not meet the schedular requirements, but the Board could not find evidence of unemployability due to service-connected disabilities alone.

The Board has remanded the cases for a new VA examination to consider the Veteran's private physician's letter that suggests his current respiratory conditions may be related to his in-service asbestos exposure.

The Board has remanded several service connection claims due to the need for additional development, including obtaining VA treatment records and scheduling examinations. The Veteran's psychiatric claim is also remanded as new evidence suggests a DSM-5 diagnosis may be warranted.

The Veteran's asbestosis with emphysema prior to September 30, 2019 was not rated higher than 60 percent due to lack of specific lung function criteria being met.

The Board has dismissed all issues related to the Veteran's claims, including an increased rating for asbestos-related pleural plaques and service connection for a left knee condition.

The Veteran's service-connected asbestosis is granted a 30 percent evaluation from May 12, 2016 to February 10, 2020 and a 60 percent evaluation beginning February 11, 2020.