Asbestosis decisions — 2022

The Board denied a compensable disability rating for service-connected asbestosis, finding that the Veteran's pulmonary function tests did not meet criteria for a compensable rating due to his non-service-connected emphysema and COPD.

The Veteran's respiratory disorder, including asbestosis, pleural plaques, and COPD, is considered to have started during his military service. The Board has granted service connection for these conditions.

The Veteran's service-connected conditions, including PTSD, diabetes mellitus type II, bilateral hearing loss, and tinnitus, have rendered him unable to secure or follow a substantially gainful occupation prior to July 9, 2019. As such, the Board has granted a TDIU for this period.

The Board has remanded the Veteran's claims for COPD and asbestosis due to service connection, with a focus on obtaining VA examinations and opinions regarding the etiology of these conditions.

The Veteran's claim for service connection for asbestosis is denied due to the lack of persuasive evidence linking his current condition to service or any in-service asbestos exposure.,Service connection for type II diabetes mellitus, presumed due to herbicide agent exposure during service at Ubon RTAFB, is granted.

The Veteran's appeals for service connection for various conditions have been withdrawn. The Board has denied the remaining claims of service connection for a headache disorder, jaw disorder, neck disorder, lower back disorder, right hip disorder, left hip disorder, right knee disorder, and left foot disorder (numbness and tingling).

The Veteran's claims for service connection of respiratory disorder, left foot disability, and right foot disability are being remanded due to the submission of new and material evidence. The claim for bilateral hearing loss is also being remanded.

The Board has remanded the case due to a need for an addendum opinion from a pulmonologist regarding the Veteran's lung disorders, including calcified pleural plaque in the right hemidiaphragm. The examiner is asked to determine if these conditions are related to active duty service.

The Board has remanded the issue of service connection for COPD, as it pertains to whether it is secondary to service-connected asbestosis. The previous VA examination did not address a July 2019 article indicating a link between asbestos exposure and COPD.

The Board has remanded the case due to insufficient evidence regarding the Veteran's exposure to asbestos during service, and a VA examination is needed to determine if his asbestosis is related to in-service asbestos exposure.

The Veteran's service-connected asbestosis and tinnitus do not render him unemployable due to their combined effect, so his claim for a total disability rating based on individual unemployability is denied.

The Veteran's initial claim for a 10% disability rating for asbestosis with pleural plaques and COPD was granted. The issue of service connection for melanoma, which may be related to herbicide exposure, is remanded.

The Board has remanded the claims for additional development due to concerns about the qualifications of the examiners and possible worsening symptoms. The Veteran's effective date claim is denied as there are no documents prior to September 29, 2017 that can be construed as an intent to file a claim to reopen or as a claim to reopen service connection for asbestosis.

The Veteran's service connection claims for hypertension, sinus condition, lung condition (to include as due to exposure to asbestos), stomach condition (to include as due to exposure to contaminated water at Camp Lejeune), headaches (to include as due to exposure to contaminated water at Camp Lejeune), and sleep apnea have all been denied.,The Veteran's service connection claim for a sinus condition has not met the criteria for service connection, as there is no evidence of a chronic sinus condition during his period of service or recent to the filing of the claim. The medical evidence indicates that the Veteran does not have a current diagnosis of a sinus condition and that any symptoms can be attributed to a non-service etiology.,The Veteran's service connection claim for a lung condition (to include as due to exposure to asbestos) has not met the criteria for service connection, as there is no evidence of a lung condition during his period of service or recent to the filing of the claim. The medical evidence indicates that the Veteran does not have a current diagnosis of a lung condition and that any symptoms can be attributed to a non-service etiology.,The Veteran's service connection claim for a stomach condition (to include as due to exposure to contaminated water at Camp Lejeune) has not met the criteria for service connection, as there is no evidence of a stomach condition during his period of service or recent to the filing of the claim. The medical evidence indicates that the Veteran does not have a current diagnosis of a stomach condition and that any symptoms can be attributed to a non-service etiology.,The Veteran's service connection claim for headaches (to include as due to exposure to contaminated water at Camp Lejeune) has not met the criteria for service connection, as there is no evidence of a headache condition during his period of service or recent to the filing of the claim. The medical evidence indicates that the Veteran does not have a current diagnosis of a headache condition and that any symptoms can be attributed to a non-service etiology.,The Veteran's service connection claim for sleep apnea has not met the criteria for service connection, as there is no evidence of a sleep apnea during his period of service or recent to the filing of the claim. The medical evidence indicates that the Veteran does not have a current diagnosis of sleep apnea and that any symptoms can be attributed to a non-service etiology.

The Board has dismissed the claim for a compensable rating for service-connected bilateral hearing loss. The claims of service connection for asbestosis and obstructive sleep apnea are remanded.

The Board has remanded the claims for a respiratory disability and PTSD due to additional development being required.

The appeal for service connection for right hand arthritis is dismissed. The claim of service connection for obstructive sleep apnea (OSA) is denied. The claims for service connection for a respiratory disorder, to include COPD; asbestosis and compensable rating for bilateral hearing loss are remanded.

The Veteran's asbestosis is granted a 30 percent disability rating from December 23, 2018. Prior to that date, the condition was not compensable.

The Veteran's service-connected asbestosis disability was not manifested by a forced vital capacity (FVC) of 80 percent or worse, nor a DLCO (SB) of 80 percent or worse. As such, the claim for an increased rating is denied.

The Board has remanded the claims for an increased rating for asbestosis and entitlement to TDIU due to inadequate VA examination in April 2022. The Veteran needs to provide private treatment records, and a pulmonologist's opinion regarding his asbestosis.