Asbestosis decisions — 2022

The Veteran's claim for service connection of asbestosis is remanded due to the submission of new evidence that tends to prove or disprove a matter at issue, warranting readjudication.

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's asbestosis and its connection to service. The VA will obtain additional records, including from Workers Compensation, Social Security Administration, and private care providers. A VA examination will be scheduled for the Veteran to determine if his current condition is related to his military service.

The Board has remanded the claims for service connection for TBI, PTSD, asbestosis, acquired respiratory conditions, and pleural plaques. The Veteran's claim for a higher rating for his acquired respiratory conditions is also being remanded.

The Veteran's asbestosis is granted due to in-service asbestos exposure.,Service connection for lumbosacral strain with intervertebral disc syndrome, left lower extremity radiculopathy, and right lower extremity radiculopathy are remanded.

The Board has granted the reopening of the claim for service connection for a respiratory condition, but has remanded the issue due to insufficient medical opinion regarding the relationship between current asthma and COPD and in-service asbestos exposure.

The Veteran's hypertension is granted as a result of herbicide exposure. The claims for vertigo, asbestosis, diabetes mellitus, type II, and arthritis are denied.

The Veteran's service-connected disabilities require him to be in need of regular aid and attendance, leading to the grant of SMC based on aid and attendance.

The Veteran's service-connected disabilities, including diabetes, diabetic nephropathy, and neuropathy of all four extremities, as well as other conditions like vocal cord cancer residuals and coronary artery disease, have rendered him unable to secure or maintain substantially gainful employment. The Board has granted a TDIU from December 1, 2014, to May 29, 2020, July 1, 2020, to December 31, 2020.

The Veteran's claim for a higher rating for his asbestos related pleural plaques (claimed as mesothelioma) was granted, and he is now receiving a 10 percent disability rating effective May 1, 2018. The issue of entitlement to an increased rating remains pending.

The Board has remanded the claims of service connection for COPD and asbestosis due to an inadequate opinion regarding the relationship between current respiratory conditions and service. Additional evidence will be considered by the RO.

The Veteran's appeals for service connection for asbestosis, a higher disability rating for his left knee disability, and a higher disability rating for his lumbar spine disability have been dismissed due to the Veteran withdrawing all of his appeals.

The Veteran's claim for a compensable rating for his pulmonary fibrosis and asbestosis from March 5, 2019 to July 7, 2020 is remanded due to inadequate VA examinations that did not conduct the required Diffusion Capacity of the Lung for Carbon Monoxide by the Single Breath Method (DLCO) (SB) test.

The Board has remanded the case due to a failure to obtain a medical opinion based on new evidence that supports the Veteran's contentions of asbestos exposure during service.

The Board denied the Veteran's claims for service connection for hypertension and special monthly compensation based on need for regular aid and attendance of another person or housebound status. The evidence did not support a finding that hypertension began during service, was related to asbestos exposure, or was caused by his service-connected asbestosis with interstitial lung disease.

The Board has decided to remand the Veteran's claims for tinnitus and asbestosis due to a lack of updated medical records, unclear history regarding current symptoms, and the need to verify asbestos exposure during service. The Veteran will be provided with new examinations and development related to his claims.

The Veteran's asbestosis was rated at 10% from July 24, 2015 to July 13, 2017. From July 13, 2017 onwards, the Veteran is granted a TDIU due to his service-connected disabilities preventing him from securing or following substantially gainful employment.

The Board has determined that the Veteran's vertigo claim cannot be granted as there is no confirmed diagnosis of vertigo. The respiratory, left knee, right knee, and right shoulder disability claims are remanded for further examination.

The Board denied service connection for asbestosis because there is no current disability of asbestosis or any other relevant lung or breathing disability.

The Board denied service connection for a respiratory disorder, including asthma, sleep apnea, COPD, and asbestosis, finding that the Veteran's conditions did not have their onset during service or were otherwise related to an in-service injury or disease.

The Board has remanded the case due to inadequate medical opinions regarding the etiology of the Veteran's lung conditions, specifically COPD and asbestosis. The examiner is requested to provide an opinion on whether these conditions are more likely than not related to service exposure to asbestos and/or perchloroethylene.