Asbestosis decisions — 2022

The Veteran's interstitial lung disease, asbestosis is rated at a 10 percent disability rating prior to February 9, 2022. A higher rating of more than 10 percent is denied since that date.

The Board has granted service connection for asbestosis, but denied service connection for COPD. The decision is based on the evidence showing in-service asbestos exposure and current asbestosis, while finding no direct link between COPD and military service.

The Board has granted service connection for tinnitus and denied service connection for bilateral hearing loss and asbestosis. Service connection is granted for tinnitus due to in-service noise exposure, but not for bilateral hearing loss or asbestosis.

The Board has remanded several service connection claims due to the Veteran's unverified Coast Guard service. The claims for sleep apnea, headaches, skin disorder, colon disorder, and asbestosis are being reviewed again. The tinnitus and gastrointestinal disorder reopening claims are also being reviewed.

The Board denied service connection for a respiratory disability and a skin disorder, finding that the evidence did not support a link between these conditions and active service.

The Veteran's asbestosis is rated at 60 percent, but the Board finds that his symptoms are primarily due to his nonservice-connected COPD and not his service-connected asbestosis.

The Board has remanded the Veteran's claims for service connection for TBI, hearing loss, tinnitus, a lung condition due to asbestos exposure, and non-prostrating posttraumatic headaches. The cases are being remanded because the examinations conducted were not by specialists in psychiatry, neurology, or neurosurgery as required by VA policy for TBI claims.

The Veteran's asbestosis with asthma disability is being remanded for further development, including obtaining VA treatment records and conducting a comprehensive VA examination to assess the current severity of his condition.

The Veteran's asbestosis was evaluated and found to have a forced vital capacity (FVC) of 84 percent predicted, which does not meet the criteria for any compensable rating under VA disability evaluation guidelines.

The Veteran's appeals for higher initial disability ratings for asbestosis, bilateral hearing loss, left upper extremity weakness, and right upper extremity weakness were denied. The Board found that the evidence did not support a rating higher than the current assigned ratings.

The Board has remanded the claims for service connection for hypertension and special monthly compensation due to the need for aid and attendance or housebound status. The hypertension claim is being remanded for additional medical opinions on whether it is at least as likely as not related to service, specifically exposure to asbestos, and whether it was aggravated by service-connected asbestosis with interstitial lung disease.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation since March 1, 2010. The case is remanded for further development regarding his respiratory impairment and TDIU prior to that date.

The Board has decided to remand the case due to incomplete pulmonary function test results, and requests additional development.

The Board has remanded the claims for service connection due to new evidence being added to the record since the last decision in 2017. The AOJ is instructed to consider this new evidence and issue a Supplemental Statement of the Case (SSOC).

The Veteran's asbestosis and residual scar, status-post removal of a pilonidal cyst were denied ratings. The decision for the asbestosis was due to Forced Vital Capacity (FVC) not meeting criteria for a compensable rating. For the scar, no pain or instability was found prior to February 22, 2016, and after that date, no additional disabling effects were found warranting an increased rating.

The Veteran's appeal is being remanded for additional development to obtain private treatment records and for a VA examination regarding his right hand disability.

The Veteran's claims for service connection are remanded due to the need for additional development of his medical records and examination.,The Veteran's claim for a back disorder secondary to bilateral pes planus is also remanded as there is insufficient evidence regarding the nature and progression of his foot condition during service.,The Veteran's claim for bilateral hearing loss is also remanded due to the need for additional development of his medical records and examination.,The Veteran's claim for asbestosis is also remanded as there are outstanding VA treatment records that may be relevant to his case.,The Veteran's claim for sleep apnea is also remanded as there are outstanding VA treatment records that may be relevant to his case.,The Veteran's claim for a heart disorder is also remanded due to the need for additional development of his medical records and examination.,The Veteran's claim for hypertension is also remanded due to the need for additional development of his medical records and examination.,The Veteran's claim for diabetes mellitus is also remanded due to the need for additional development of his medical records and examination.,The Veteran's claim for stress fractures is also remanded as there are outstanding VA treatment records that may be relevant to his case.

The Board has decided to remand the case for further examination and opinion regarding whether the Veteran's service-connected asbestos-related pulmonary disease caused or aggravated his asthma, as well as if any symptoms of asthma can be separated from his service-connected condition.

The Veteran's claims for service connection have been reopened and granted.,Service connection is established for IBS (claimed as chronic diarrhea), headaches, muscle pain, joint pain, fatigue, deviated septum, TMJ, right ankle disorder, left ankle disorder, and hearing loss.

The Veteran's claims for service connection for silicosis and asbestosis have been denied.,The Board has determined that the evidence does not support a finding of in-service exposure to asbestos or silica, and therefore cannot establish service connection.