Asbestosis decisions — 2023

The Board has denied a compensable rating for asbestosis and hypertension, but has remanded the issue of service connection for hypertension secondary to asbestosis.

The Board has remanded the Veteran's claim for service connection for a respiratory condition, including COPD, emphysema, pulmonary fibrosis, and asbestosis. The appeal is being remanded due to need for proper diagnosis of conditions, confirmation of exposure to fumes, asbestos, and herbicide agents, and opinions on etiology.

The Veteran's lung disability, which includes lung cancer and asbestosis/restrictive lung disease, has been granted an initial evaluation of 60 percent since August 16, 2021.

The Board has remanded the Veteran's claims for service connection for a lung disorder and a dermatological condition due to incomplete development. The claims will be readjudicated after obtaining necessary medical opinions and determining eligibility for dental treatment.

The Board has granted service connection for the Veteran's acquired respiratory condition (asbestosis), coronary artery disease, and diabetes mellitus, finding that these conditions are related to his active-duty service.

The Board dismissed the appeals due to the Veteran's death, and no final decision can be made.

The Veteran's claim for a compensable disability evaluation prior to April 27, 2020, for service-connected asbestosis is remanded due to duty to assist error.

The Veteran's service connection for bilateral pes planus is granted. The claim for an initial increased rating in excess of 10 percent for pleural plaque due to asbestos exposure is denied.

The Veteran's appeal is remanded for additional development, including obtaining VA and private treatment records and scheduling a VA examination to assess the severity of his service-connected asbestosis induced pleural plaques.

The Board has remanded the Veteran's claims for service connection due to insufficient opinions regarding the nature and etiology of his respiratory disorders, heart disorders, and atrial fibrillation. The issues have been returned to the Board for further adjudication.

The Board denied the Veteran's claims for service connection for a respiratory condition, asbestosis, asthma, and COPD due to lack of evidence supporting these conditions were incurred or aggravated by military service.

The Board has remanded the Veteran's claim for service connection for a chronic respiratory condition, including allergic rhinitis and asbestosis. The remand includes an examination to determine if the Veteran's current allergic rhinitis is related to his participation in a TERA based on his MOS duties.

The Veteran's pulmonary disease, including his service-connected asbestos-related pulmonary disease and diagnosed asthma, has required continuous outpatient oxygen therapy since August 2015. The Board granted an initial rating of 100 percent for the Veteran's pulmonary disease.

The Veteran's appeal for a rating in excess of 10 percent prior to January 11, 2021 and in excess of 30 percent thereafter for benign or malignant neoplasm of the sinus, nose, throat, larynx, or pharynx (residual of asbestos exposure) is dismissed due to his death.

The Board denied service connection for heart disease and kidney disease, both claimed to be related to asbestos exposure during military service.,There is no evidence that the Veteran's conditions began in or were aggravated by his active duty service.

The Board has decided to remand the case due to inadequate nexus opinion and requests for additional medical records. The Veteran's respiratory disability, claimed as asbestosis, is being reviewed again.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for additional examinations. The issues include hypertension, peripheral neuropathy of various extremities, kidney condition, valvular heart disease, erectile dysfunction, cataracts, diabetes mellitus, GERD, stomach condition, asbestosis, ankle conditions, back disability, knee conditions, arthritis, right hip condition, and left hip condition.

The Board has granted the Veteran's claim for service connection for asbestosis with pleural plaques, effective March 13, 2014. The decision is based on the correct facts and application of laws at that time.

The Veteran's pleural plaques, hearing loss, and tinnitus have been granted a 100% disability rating. The claim for TDIU is dismissed as the Veteran's service-connected disabilities already meet this requirement. SMC based on aid and attendance has also been granted.

The Board has remanded the case due to inadequate development and requested a new VA medical opinion. The Veteran's respiratory disability, including asbestosis and other than COPD, is being reviewed for service connection.