Asbestosis decisions — 2022

The Board has determined that new and relevant evidence has been received to warrant readjudication of the claim of entitlement to service connection for a lung disorder due to asbestos exposure. The case is being remanded for additional development, including obtaining a VA examination.

The Board has granted a 100 percent rating for the Veteran's asbestosis and COPD, including his pulmonary hypertension, throughout the appellate period.

The Veteran's claim for a compensable rating for his service-connected bilateral hearing loss is dismissed without prejudice.,His claim for a higher rating for pleural plaques, claimed as asbestosis, was denied. The Board found that the evidence did not support a rating in excess of 10 percent.

The Veteran's service-connected disabilities, including asbestosis and related respiratory conditions, have rendered him unable to secure or maintain substantially gainful employment since October 22, 2012. The Board has granted a total disability rating based on individual unemployability (TDIU) effective from October 22, 2012.

The Board has remanded the case due to inadequate VA examination and need for further clarification on the relationship between asthma, hay fever, and other respiratory disorders. The Veteran's claim will be reconsidered with a new examination.

The Board has determined that the Veteran's asbestosis claim requires additional development due to procedural errors and a need for an updated VA examination.

The Veteran's service connection claim for COPD is granted as his symptoms are indistinguishable from those of his service-connected pulmonary fibrosis with asbestosis.,An initial rating in excess of 70 percent for PTSD with dementia prior to March 18, 2022, is denied due to the Veteran's symptoms not meeting the criteria for a higher disability rating.

The Board has determined that the initial grant of service connection for asbestosis was not based on clear and unmistakable error, but a recharacterization to pleural effusion without evidence of asbestosis led to a reduction in rating. The Veteran's original 30% disability rating is restored.

The Board has determined that the Veteran is unable to secure or follow a substantially gainful occupation due to his service-connected psychiatric disability, and therefore grants TDIU with a rating of 70% for depressive disorder.

The Board has determined that the Veteran's pulmonary disability, including interstitial lung disease, COPD, and asbestosis, had its onset in or is otherwise related to military service. As a result, the appeal for service connection is granted.

The Board denied the Veteran's claim for service connection for a respiratory disorder, including asbestosis, COPD, and asthma, due to insufficient evidence linking these conditions to his military service.

The Veteran's pulmonary fibrosis with asbestosis is granted a 100 percent disability rating, effective from September 3, 2019. The TDIU claim is remanded for further action.

The Board has granted the Veteran's claim for service connection for asbestosis, but has remanded the issue of service connection for a respiratory disorder other than asbestosis (asthmatic bronchitis). The evidence is at least in equipoise that the Veteran has asbestosis and it is related to his active military service.

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's respiratory condition and its connection to his service.

The Board dismissed the appeal because the appellant lacked standing to challenge the March 1985 rating decision for service connection of asbestosis, which was final due to non-appeal. The effective date remains unchanged at September 7, 2010.

The Veteran's asbestosis was rated at a noncompensable level prior to September 20, 2016. Effective September 20, 2016, the Veteran is now eligible for a 10% disability rating.

The Veteran's asbestosis was granted a 60% disability rating, effective February 3, 2020. The Board found that the DCLO score of 40 to 55 percent predicted is most reflective of the Veteran's condition and warrants a 60% rating.

The Board has granted a TDIU for the period from September 27, 2013 through July 30, 2015 due to service-connected asbestosis with COPD. The issue of a TDIU from July 31, 2015 is dismissed because the Veteran's respiratory disability alone rendered him unemployable.

The Veteran's asbestosis with COPD was granted a disability rating of 30 percent, but no higher, from March 28, 2011 to February 2017. The initial rating period from October 30, 2009 to March 28, 2011 had a rating of 10 percent.

The Board has decided to remand the case due to inadequate medical examination and needs a new one from VA.