Asbestosis decisions — 2022

The Board denied service connection for a respiratory disorder, finding that the Veteran's current respiratory disorder was not incurred in or related to his military service.

The Veteran's claims for an initial compensable disability rating and a prior effective date are being remanded due to the need for additional VA examination.

The Board dismissed the Veteran's appeal for an earlier effective date for a 100 percent rating for asbestos related lung disease, as this issue was already decided in a previous November 2017 decision.

The Board has withdrawn the claim for TDIU and has remanded the case for further development, including a respiratory system examination to address whether COPD is associated with asbestosis prior to August 13, 2018.

The Board denied the Veteran's claims for service connection for a left elbow disability and a respiratory disability as a result of asbestos exposure. The Board found no evidence of current disabilities or in-service injuries that would support these claims.,The hearing testimony indicated that the Veteran experienced an injury during service, but there is no medical evidence supporting this claim.

The Board has remanded the Veteran's claims for service connection due to internal inconsistencies and insufficient opinions in previous examinations. The claims include respiratory disorders, diabetes mellitus type II, and a liver disorder.

The Veteran's claims for bilateral foot fungus and asbestosis have been granted. The remaining issues on appeal are REMANDED.

The Board has remanded several issues related to the Veteran's claims for service connection, including sinusitis, respiratory disability (asbestosis and asthma), neuropathy of the lower left extremity, neuropathy of the right left extremity, thoracic aortic aneurism, and ischemic heart disease. These claims are based on presumed exposure to herbicide agents during service.

The Board has added entitlement to service connection for COPD as an issue on appeal. The Veteran's representative submitted a statement contending that asbestos exposure was related to both restrictive and obstructive lung function, causing functional impairment. Remand is required for new opinions addressing the conflicting evidence of record.

The Board denied service connection for respiratory, right ankle, left ankle, and neck disorders due to lack of evidence linking these conditions to service.,Specifically, the VA examinations found no evidence of a current respiratory disorder related to in-service asbestos exposure. The right and left ankle disorders were not found to be directly related to service or aggravated by service-connected disabilities.

The Veteran is granted a TDIU from January 9, 2014. The Board also remanded the issue of whether a TDIU was warranted prior to that date.

The Board has remanded the case due to insufficient evidence regarding the Veteran's pulmonary disability, specifically whether it is related to service or asbestos exposure. An addendum opinion from a VA examiner is needed to address these issues.

The Board has decided to remand the Veteran's claims for gastrointestinal, asbestosis, and respiratory disorders due to incomplete medical records. The Veteran is asked to provide private medical records from his gastroenterologist Dr. R.N., pulmonologist Dr. J.C., and any other relevant providers.

The Veteran withdrew his appeal for service connection of asbestosis due to the x-rays showing he was healed, and thus the case is dismissed.

The Board has remanded the TDIU claim due to conflicting opinions on whether the Veteran's respiratory and hearing disabilities prevent him from securing and following a substantially gainful occupation. The case is being referred for extraschedular consideration.

The Board has remanded the case for further development due to inadequate medical opinions provided in previous decisions.

The Board has remanded the case due to incomplete development regarding potential asbestos exposure during service and a retrospective opinion on MET scores attributed to service-connected mitral and/or tricuspid insufficiency.

The Veteran's claim of service connection for hearing loss has been remanded due to the need for a new VA examination. The issue of service connection for a respiratory condition, including asbestosis and asthma, is also remanded.

The Board dismissed the Veteran's claim for service connection for pulmonary asbestosis (also claimed as a pulmonary disability) because it was previously adjudicated and no further issues remain.

The Board has remanded the Veteran's claims for lumbar spine condition, bilateral knee conditions, stomach condition to include GERD, hypertension, COPD to include as due to asbestos exposure, and sleep apnea. The claims are being remanded for additional development including obtaining medical opinions on the nature and etiology of these conditions.