Asbestosis decisions — 2023

The Board has remanded several claims, including service connection for COPD, heart conditions, paroxysmal atrial fibrillation, anemia, gallstones, and glaucoma. The Veteran's exposure to asbestos during service as a boiler technician is conceded.

The Board denied the Veteran's claim for an initial compensable rating for service-connected pleural plaque interstitial lung disease (also claimed as asbestosis) due to lack of evidence showing Forced Vital Capacity (FVC) or diffusion capacity for the lung for carbon monoxide by the single breath method [DLCO (SB)] within the required percentages.

The Board has remanded the case due to inadequate VA examinations and a need for further development regarding the Veteran's exposure to asbestos during service. The Veteran is also seeking service connection for COPD, which may be related to his exposure to herbicides in Vietnam.

Your claim for service connection for asbestosis has been granted, but the combined rating with your existing asthma is now at its maximum. The appeal is dismissed because you have not raised any other issues.

The Veteran died due to anoxic brain injury, and the Board has decided to remand the case for further investigation into whether his service-connected disabilities could have contributed to his death.

The Board has remanded the Veteran's claims for an initial rating in excess of 30 percent for asbestosis with chronic obstructive pulmonary disease and entitlement to a total disability rating based on individual unemployability (TDIU) due to inadequate medical evidence. The case must be returned for further action.

The Veteran's claim for a higher disability rating for asbestosis is being remanded due to inadequate examination results and the need for an updated opinion by a pulmonary specialist.

The Board has granted the Veteran's claim for service connection for a respiratory disorder, finding that his condition is at least as likely as not related to his active-duty service. The decision resolves doubt in favor of the Veteran.

The Veteran's service-connected conditions did not render him unemployable prior to June 23, 2014, and therefore the effective dates for TDIU and DEA benefits are denied.

The Board has determined that the grant of eligibility for special home adaptation was not based on clear and unmistakable error, thus restoring the Veteran's eligibility.

The Board has remanded the claim of service connection for asbestosis with pleural plaques due to a duty to assist error in the prior decision. The Veteran's lay statements regarding his asbestos exposure are to be considered, and a supplemental opinion is required.

The Veteran's respiratory condition, including asbestosis, interstitial lung disease, pulmonary asbestosis, asbestos-related pleural disease, asbestos-related pleural plaque, pneumoconiosis, and pulmonary fibrosis, is granted for accrued benefits purposes due to the probative evidence showing exposure to asbestos during service.

The Veteran's respiratory disorder, including COPD and asbestosis, is granted service connection. Bilateral hearing loss remains under consideration.

The Veteran's claim for special monthly compensation (SMC) due to being housebound was denied because he does not meet the criteria for SMC Housebound, as his disabilities do not satisfy the requirements of a single 100% service-connected disability and additional disabilities independently ratable at 60% or more.

The Veteran's claim for service connection for a pulmonary disability, including as due to asbestos exposure, is being remanded due to incomplete development and the need for an additional VA examination. The case will be returned for an addendum opinion addressing the synergistic effect of all toxic exposures during his military service.

The Veteran's asbestos related interstitial lung disease was not characterized by specific pulmonary function test results that would warrant a higher rating, and the Board denied an increased disability rating.

The Veteran's claim for service connection for a gastric and/or stomach disability has been denied. The lung-related disease due to asbestos exposure claim is being remanded for further development.

The Veteran's service connection for asbestos related pleural abcess and unspecified depressive disorder with anxious distress and insomnia is granted. The effective date for the grant of service connection for these conditions is February 16, 2018.

The Board has restored service connection for emphysema and COPD, but denied the reduction of the disability rating from 60% to noncompensable (0%) for asbestos induced pleural plaques.

The Board has granted service connection for asbestosis, finding that the Veteran's exposure to asbestos during military service is at least as likely as not related to his condition.