Asbestosis decisions — 2022

The Veteran's appeal for an effective date prior to June 1, 2015, for the grant of service connection for bilateral toenail onychomycosis has been withdrawn.,The Veteran's appeals for service connection for a sinus disability, asbestos exposure, tendonitis, respiratory disability, and residuals from burns have all been withdrawn. The effective date for his service connection claims for bilateral pes planus and lumbosacral strain is now set at November 11, 2005.

The Board has granted service connection for adenocarcinoma of the right lung and remanded the issue of an increased evaluation for asbestosis.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining missing service treatment records and private medical records.

The Board has remanded the case due to inadequate development and need for additional medical opinions regarding the Veteran's respiratory conditions, including asbestosis and COPD.

The Veteran's TDIU was granted effective May 1, 2016. The Board has now determined that the earlier effective date of November 1, 2010 should be granted as part of the initial increased rating claim for PTSD.

The Veteran's claim for service connection for prostate cancer is denied as there is no evidence of a disease or injury in service, and the current disability is not related to service.,Service connection for PTSD is denied because the claimed stressor has not been corroborated by credible supporting evidence.

The Veteran's asbestos-related pleural plaques were granted an initial rating of 60 percent, effective from February 21, 2013. The VA determined that the Veteran's FVC was between 50-64% predicted during the period on appeal.

The Board has remanded the Veteran's claims for service connection due to lack of evidence supporting an asbestos-related lung disorder and insufficient medical opinions regarding COPD and left axillary lymph node removal. The Veteran is not entitled to service connection for his claimed conditions.

The Board has granted service connection for the Veteran's left knee disability and remanded other issues due to insufficient evidence.

The Board has remanded the case due to insufficient evidence regarding the combined effect of COPD and asbestosis on the Veteran's employability. A new VA examination is needed to assess whether these conditions prevent the Veteran from securing and maintaining a substantially gainful occupation.

The Veteran's claim to establish service connection for a respiratory disability, including due to in-service asbestos exposure, is being remanded as new and material evidence has been received. The Board finds the issue of service connection reopened but requires further examination to determine if the current respiratory disabilities are related to military service.

The Veteran's lung disability, including asbestosis and asbestos-related bilateral interstitial fibrosis, was rated at 10 percent prior to June 6, 2018. From June 6, 2018 to November 19, 2018, the rating increased to 30 percent. After that date, the disability remained at a 60 percent rating.

The Board has granted service connection for chronic obstructive lung disease, finding that the Veteran's current condition is at least as likely as not related to his in-service asbestos exposure. The appeal was based on direct evidence of a link between service and the veteran's current health conditions.

The Veteran's tinnitus had its onset in service and the Board has granted service connection for this condition.,The VA is remanding the asbestosis claim due to a need for additional development, including obtaining medical opinions and securing service personnel records.,An additional VA examination is needed to assess the current severity of the Veteran's erythema multiforme with Stevens-Johnson syndrome.

The Board has remanded the case due to insufficient medical evidence regarding the Veteran's asbestosis and its relation to his service. The case will be returned for further development, including a VA examination.

The Board has found that more development is necessary for the claims of service connection for type II diabetes mellitus, prostate cancer, colon cancer and respiratory disability (asbestosis). The Veteran's exposure to chemicals during service may not be conceded based on his naval service as there is no suggestion of herbicide exposure. However, these disabilities can still be awarded based on a direct basis.

The Board has remanded the case for a new VA examination to determine if the Veteran's lung cancer is related to his in-service asbestos exposure and whether it was caused or aggravated by asbestosis.

The Board has remanded the case for further development, including a retrospective analysis of the Veteran's service-connected pleural-based asbestos lung disability from January 29, 2010 to April 2, 2018. The examiner is asked to identify symptoms attributable to the Veteran's service-connected condition prior to April 2, 2018 and assess the severity of his lung disability.

The Veteran's claim for service connection for migraine headaches is granted. The claim for service connection for scarring on lungs is remanded due to lack of evidence and need for verification.

The Veteran's service-connected conditions, including asbestosis with fibrosis and chronic obstructive pulmonary disease, atrial fibrillation, and right ankle sprain with instability and tendonitis, have resulted in severe impairment to employment. The Board has granted a TDIU based on the combined rating of 50% for these conditions.