Asbestosis decisions — 2022

The Board has remanded the case due to inadequate examination and failure to consider relevant evidence, including the Veteran's service treatment records. The Veteran's claim for service connection for a respiratory condition as secondary in-service exposure to asbestos is now remanded for further development.

The Board has remanded the cases for further development and consideration. The Veteran's asbestosis is rated at 60 percent, but the VA examiner found that his condition may be due to other conditions like COPD. The TDIU claim is also remanded.

The Veteran's claims for service connection have been dismissed as the appeal is moot due to his death.

The Veteran's sleep apnea and prostate cancer were denied as not related to service. The Board found that the Veteran's GERD, gastritis, right ring finger injury, and foot disability are secondary to his service-connected sinusitis.,Service connection for these conditions is being remanded due to insufficient medical opinions.

Service connection for asbestosis is granted.,Service connection for cause of death due to asbestosis is granted.,Service connection for chronic obstructive pulmonary disease (COPD) due to asbestos exposure is remanded.,Service connection for diabetes due to herbicide exposure is remanded.,Service connection for kidney failure due to herbicide exposure is remanded.,Service connection for heart condition is remanded.

The Veteran's asthma is granted service connection, but the claim for asbestosis remains pending due to insufficient evidence.

The Board has denied the Veteran's claims for service connection for asbestosis, hepatitis C, diabetes, and PTSD. The evidence does not support a finding that these conditions were incurred or aggravated during active duty.

The Veteran's claims for service connection for back disability, chronic fatigue syndrome, and chronic pelvic pain have been denied. The Board found no current disabilities related to these conditions.,For the condition claimed as due to asbestos exposure, the Veteran has not provided evidence of a current disability or persistent symptoms that may be associated with her in-service exposure.

The Board has denied the Veteran's claims for service connection for a respiratory condition, including pulmonary fibrosis and excluding asbestosis with pulmonary arterial hypertension. The Board also denied his claim for TDIU due to the severity of his other service-connected disabilities.

The Veteran's interstitial lung disease (asbestosis) did not meet the criteria for a rating in excess of 30 percent prior to November 15, 2021.

The Veteran's claims for service connection for chronic headaches, a respiratory condition due to asbestos exposure, and a skin condition have all been denied.,There is no current evidence of a diagnosed headache disorder or respiratory condition related to military service.

The Board has remanded the case due to the need for additional VA treatment records related to the Veteran's asbestosis disability. The claim will be reconsidered with these new records.

The Veteran withdrew his appeal regarding a rating in excess of 60 percent for asbestosis, stating he is content with the current VA rating.

The Veteran's back and neck conditions have been granted service connection, as well as an increased rating for asbestosis. Service connection has also been established for PTSD with anxiety.,PTSD was linked to in-service stressors of sexual harassment and physical assault.

The Board has reopened the Veteran's claims for service connection for a lumbar spine disability and asbestosis, but finds that additional development is needed to determine the etiology of these conditions.

The Board has granted service connection for asbestosis. The issues of service connection for COPD and asthma are remanded.

The Veteran's claim for an initial compensable rating for asbestosis is remanded due to the need for a VA pulmonary examination and the need to obtain all relevant VA and private treatment records.

The Veteran's bronchiolitis is granted as secondary to his service-connected acquired respiratory condition of COPD. The Board has also remanded the issues of TBI, PTSD, and asbestosis for further development. Additionally, the rating for acquired respiratory conditions and a separate compensable rating for pleural plaques are being remanded.

The Board has remanded the Veteran's claims of service connection for lung and thyroid disabilities due to inadequate compliance with previous remand directives. The claims are being returned for further development.

The Board has decided to remand the case due to insufficient consideration of the Veteran's lay statements and testimony regarding his sleep apnea, as well as the prior VA examinations. The claim will be reviewed again with a new opinion from a sleep specialist.