Asbestosis decisions — 2023

The Board has remanded the claims for service connection for a respiratory disability, sleep apnea, and an acquired psychiatric disability due to outstanding VA and private treatment records. A new VA examination is needed to determine the nature and etiology of the Veteran's respiratory disabilities.

The Veteran's claim for an initial compensable rating for asbestosis and a retroactive effective date for service connection were both denied by the Board. The Veteran's asbestosis was rated at zero percent, and no earlier effective date could be granted.

The Board has reopened the Veteran's claims for service connection for a lumbar spine disability and hepatitis C, but has remanded his claim for service connection for a respiratory disability due to asbestos exposure.

Service connection for prostate disability is granted due to exposure to herbicide agents in service.,Service connection for respiratory disability as due to asbestos exposure is denied.

The Board has determined that new and relevant evidence has been received to warrant readjudication of the claim for service connection for a right great toe disability. The issues of service connection for lower back disability, peripheral neuropathy of the left lower extremity, peripheral neuropathy of the right lower extremity, peripheral neuropathy of the left upper extremity, peripheral neuropathy of the right upper extremity, asbestosis, gastroesophageal reflux disease (GERD), and traumatic brain injury (TBI) are also being remanded for further development.

The Veteran's initial claim for asbestosis was denied prior to August 8, 2017. From that date until February 10, 2022, he received a disability rating of 60 percent. The Board has determined that the RO improperly considered age-related factors in denying his TDIU claim and has therefore remanded this issue.

The Veteran's claim for a compensable rating for pulmonary asbestosis with left upper lobe pulmonary nodule is remanded due to duty to assist errors.

The Veteran's claim for service connection for asbestosis is being remanded due to a failure to verify in-service asbestos exposure. The AOJ must conduct further development, including seeking information about potential exposure during service.

The Board has dismissed the appeals for a compensable rating for bilateral hearing loss and asbestosis, and has remanded the issue of service connection for Meniere's Disease.

The Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation as of February 26, 2010. Effective that date, the Veteran is granted an effective date for his TDIU and eligibility to Chapter 35 Dependents' Educational Assistance.

The Board has decided to remand the case due to insufficient medical opinions regarding the Veteran's lung conditions and their relation to service, specifically his service aboard landing crafts. The VA will obtain an addendum opinion from a VA examiner to address these issues.

The Veteran's TDIU claim prior to March 13, 2020, was dismissed as moot because he had a 100% rating for asbestosis and no other service-connected disabilities at that time.

The Board has remanded the case due to the Veteran's claim for service connection for residuals of asbestos exposure, including asbestosis, COPD, and oral cancer. The AOJ needs to determine if the Veteran was exposed to TERA during his military service and provide a TERA examination.

The Board has remanded the case due to pre-decisional duty to assist errors and a need for a medical opinion regarding whether the Veteran's service-connected asbestosis contributed substantially or materially to his death.

The Board has remanded the claims for service connection due to errors in obtaining relevant medical records and verifying the Veteran's toxic exposure, particularly his asbestos exposure. The Veteran is also seeking service connection for COPD as secondary to his asbestosis.

The Board has remanded the claims for a compensable rating for asbestosis and service connection for an allergy disability, claimed secondary to the service-connected asbestosis due to insufficient development of evidence regarding whether the Veteran's non-service-connected condition of allergies is caused or aggravated by his service-connected asbestosis.

The Board has denied the Veteran's claims for service connection for various conditions, including back disability, neck disability, left knee disability, psychiatric disability, skin disability, respiratory disability (to include asbestosis), tinnitus, and bilateral hearing loss. The evidence did not meet the regulatory threshold for these disabilities.

The Veteran's claims for service connection for right hip disability, left shoulder disability, arthritis, and asbestosis have been dismissed due to the Veteran's withdrawal of his appeal.

The Board has decided to remand the cases for a new VA examination to assess the current severity of the Veteran's asbestos-related pleural plaques.

The Veteran's claim for service connection of a respiratory disability, including asbestosis, is remanded due to inadequate medical opinion and the need to verify his Reserve periods of service. A VA examination will be scheduled to address these issues.