Asbestosis decisions — 2022

The Veteran's appeal for service connection for a lung condition (to include bronchiectasis and asbestosis) has been dismissed due to the withdrawal of the appeal by the Veteran's representative.

The Veteran's claim for service connection for a lung condition, including COPD, emphysema, and asbestos-related lung disease was denied in September 2005 due to lack of an in-service event and nexus. The claim is reopened as new evidence has been received indicating an in-service injury and a nexus. However, the Veteran's current lung conditions are still not definitively linked to service.

The Board denied an earlier effective date for the grant of service connection for asbestosis, finding that no prior informal claim was submitted before November 21, 2017.

The Board has remanded the Veteran's claims for service connection and rating of asbestosis with pleural plaques due to inadequate VA examinations, lack of contemporaneous medical evidence, and conflicting lay testimony. The low back disability claim is also being remanded.

The Board has dismissed all appeals regarding service connection for asbestosis, right knee disorder, left knee disorder, and obstructive sleep apnea (OSA) due to the Veteran's death.

The Veteran's lung condition, including asbestos-related pleural disease, is at least as likely as not related to his military service. Service connection for this condition is granted.

The Veteran's claim for service connection for COPD was denied due to lack of evidence linking the condition to his military service or a service-connected disability. The claim for TDIU was granted, and the issue of rating in excess of 60 percent for asbestosis is remanded.

The Board has remanded the Veteran's claims for service connection for melanoma and respiratory disorder, as well as his claim for an initial compensable rating for asbestosis with pleural plaques due to inadequate medical opinions provided in previous decisions.

The Board has decided to remand the case due to inadequate medical opinions and further development is needed before a final decision can be made on the Veteran's claim for service connection for respiratory conditions.

The Board has determined that the Veteran's respiratory disability, including COPD and asbestosis, is not related to his active service. The evidence does not support a finding of service connection for these conditions.

The Veteran's claim for service connection for a respiratory condition, to include asbestosis, is denied. The Board finds that the preponderance of the evidence is against his claim.

The Board remands the claims for service connection for a lung disorder, claimed as asbestosis and sleep apnea, to include as due to in-service exposure of asbestos, for further development.

The Veteran withdrew the appeal for an increased rating for asbestosis, and the Board has no jurisdiction to consider this issue further.

The Board has granted service connection for pulmonary aspergilloma, COPD, and lung cancer due to in-service exposure to asbestos and diesel exhaust/particulate matter. The right knee condition secondary to a service-connected left knee total replacement is dismissed.,Service connection was established for the Veteran's pulmonary conditions based on his in-service exposure to asbestos and diesel exhaust/particulate matter.

The Board has denied an initial compensable evaluation for service-connected bilateral hearing loss and has ordered a remand for further examination to determine the presence of current diagnoses of asbestosis, mesothelioma, and gastrointestinal residuals from a in-service stabbing. The pleural plaques claim is also remanded.

The Board dismissed the claim for service connection for asbestosis (claimed as a skin rash) because it was rendered moot by the grant of service connection for atopic dermatitis in a February 2021 rating decision.

The Veteran's appeals for an increased rating for pneumoconiosis and entitlement to a total disability rating due to individual unemployability (TDIU) have been withdrawn. The Board has dismissed the appeal as the appellant requested withdrawal of both issues.

The Veteran's pleural plaque (asbestosis) disability is rated at a noncompensable level. The Board has found that the current pulmonary function tests are inconsistent and requires an addendum opinion to determine which test most accurately reflects his respiratory disability.

The Board denied service connection for a lung disability, claimed as asbestosis of the lungs, finding no diagnosis of asbestosis and insufficient evidence linking any lung condition to service.

The Board has decided to remand the Veteran's claims for service connection and aid and attendance, due to inconclusive evidence regarding his respiratory conditions and need for regular aid and attendance. The case will be returned to VA for further development.