Asbestosis decisions — 2022

The Veteran's appeals for service connection were dismissed. The Board found that the Veteran withdrew his claims of entitlement to service connection for a bilateral eye disorder and lung disorder, and denied service connection for prostate disorder.

The Board has denied the Veteran's claim for service connection for urticaria, and remanded his claims for left lung disability (presumed due to asbestos) and PTSD with depression.,Further examination is needed to determine if the Veteran's psychiatric disorder including PTSD and depression are causally related to his period of service in Korea.

The Veteran's appeal is remanded due to duty-to-assist errors and the need for additional medical opinions regarding his respiratory disability.

The Veteran's claim for a rating in excess of 60 percent for diabetic nephropathy, an earlier effective date prior to May 12, 2017 for the grant of service connection for diabetic nephropathy, and SMC based on housebound status or need for regular aid and attendance have all been denied.

The Board has remanded the claims of increased rating for asbestosis and TDIU due to incomplete consideration of recent medical records. The Veteran's claim remains pending.

The Board has found that the Veteran's asbestosis is related to service, but needs further verification of his exposure to asbestos in service and whether he was aboard the USNS General William Weigel during his active duty.

The Veteran's asbestosis is currently rated at 10 percent, and the Board found that a higher rating is not warranted based on the evidence of record.

The Veteran withdrew his appeal regarding the reduction of his lung cancer with asbestosis rating from 100% to 10%. The Board dismissed the case.

The Veteran's claim for an increased initial disability rating of asbestosis prior to May 31, 2017 was denied. The Board found that the evidence did not support a higher rating and that the Veteran's symptoms were adequately addressed by the current 10 percent rating.

The Board has denied a compensable disability rating for the service-connected asbestosis, finding that the Veteran's decreased pulmonary function is due to nonservice-connected COPD and emphysema.

The Board has denied the Veteran's claim for a compensable disability rating for his service-connected asbestosis, finding that the evidence does not support a higher rating due to the severity of his COPD and emphysema.

The Veteran's service-connected asbestosis is not rated higher than noncompensable due to the presence of nonservice-connected COPD and emphysema, which are attributed to his smoking history.

The Board has remanded the cases for further development and to obtain medical opinions regarding the etiology of the Veteran's COPD and his bilateral photophobia, dry eye syndrome, and arcus senilis.

The Board has granted the claims for service connection for COPD, asbestosis (claimed as shortness of breath due to asbestos and lung nodule), and emphysema. The evidence supports a link between these conditions and in-service asbestos exposure.

The Board denied the Veteran's claims for service connection for asbestosis and/or asbestos exposure with pleural plaques, COPD, and asthma. The evidence did not support a finding that these conditions began during service or were related to inservice asbestos exposure.,Specifically, VA medical opinions concluded that the Veteran's current conditions are more likely due to his occupational exposure to asbestos over 40 years post-service.

The Veteran's service-connected COPD with asbestos plaques and bilateral hearing loss prevent him from securing or following any substantially gainful occupation, thus meeting the criteria for a TDIU on an extraschedular basis.

The Board has remanded the claims for service connection due to insufficient medical opinions regarding the Veteran's exposure to asbestos in service and its relationship to his current respiratory disorder, asbestosis, COPD, left side/left lung area pain, and hypertension.

The Veteran's TDIU and DEA eligibility are denied as the evidence does not show that he was unable to secure or follow a substantially gainful occupation prior to May 27, 2011.,The Board found no entitlement to TDIU prior to May 27, 2011, due to the Veteran's service-connected disabilities and his ability to engage in activities such as painting and working on cars.

The Board has remanded the Veteran's claims for asbestos exposure, hearing loss, tinnitus, and an acquired psychiatric disorder due to a lack of sufficient information in the record to make informed decisions on these issues.

The Veteran's pulmonary asbestosis required outpatient oxygen therapy from December 9, 2019, and a 100% rating was granted effective August 10, 2020.