Asbestosis decisions — 2023

The Board has remanded the Veteran's claims for asbestosis and bilateral lung disability due to incomplete development regarding service connection. The VA examinations were not conducted by a pulmonologist or another clinician of appropriate expertise, and there is insufficient information about post-service occupational exposure.

The Board has determined that the Veteran's claims for service connection are remanded due to failure to obtain VA examinations and opinions as part of a prior remand. The issues include hearing loss, tinnitus, lung condition due to asbestos exposure, TBI, and non-prostrating posttraumatic headaches.

The Board has remanded the case due to insufficient evidence regarding the Veteran's in-service asbestos exposure and the etiology of his respiratory disabilities. The Veteran is requested to provide authorization for VA to obtain private treatment records, and a VA clinician will be asked to provide an addendum medical opinion.

The Board has remanded the case due to insufficient rationale in previous opinions regarding the etiology of the Veteran's COPD and Asbestosis, particularly related to service connection.

The Board has denied the Veteran's claims for service connection for asbestosis, hepatitis C, and acquired psychiatric disability (PTSD). The claim of service connection for a skin disability is also remanded due to its inextricability with the hepatitis C claim. The Board found that there is no persuasive evidence linking these conditions to service.

The Board has decided that additional development is needed to determine the appropriate disability rating for the Veteran's service-connected asbestosis.

The Board denied service connection for asbestosis because there is no current diagnosis of the condition and it was not incurred or aggravated by service.

The Board has granted service connection for a respiratory disorder, including asbestosis, COPD, restrictive lung disease, pneumoconiosis, and pleural plaques, based on the Veteran's in-service asbestos exposure.

The Board has decided to remand the case due to insufficient evidence regarding the diagnosis and etiology of a respiratory disability, specifically asbestosis. The Veteran's claims are being returned for further development.

The Veteran's asbestosis has been granted a 100% disability rating beginning February 7, 2019. Prior to that date, the Veteran was denied an increased rating for his asbestosis.

The Board denied service connection for a respiratory disorder, including asbestosis, and secondary service connection for type II diabetes mellitus and hypertension. The evidence did not support the Veteran's claims of in-service asbestos exposure or causation.

The Board denied the Veteran's request for an effective date prior to March 14, 2013, for the grant of service connection for squamous cell lung cancer with asbestosis. The decision found no clear and unmistakable error in a September 2004 rating decision that denied service connection for asbestosis.

The Board has remanded the claims of service connection for asbestos related pleural disease, hypertension (secondary to asbestos related pleural disease), and chronic kidney disease (secondary to hypertension) due to incomplete development and lack of substantial compliance with previous remand directives.

The Veteran's claims for increased ratings, service connection, and other issues are remanded due to the need for additional development including obtaining medical records and scheduling VA examinations.

The Board has remanded the case due to insufficient evidence regarding the Veteran's exposure to asbestos during service and the relationship between his respiratory disabilities and military service. The VA will conduct further development, including obtaining updated treatment records and a new examination.

The Board has remanded the Veteran's claims for service connection for various disabilities, including right and left knee disabilities, a sinus disability due to asbestos exposure, right and left shoulder disabilities, thoracolumbar spine (low back) disability, and cervical spine (neck) disability. The remand is due to new evidence received after the most recent Supplemental Statement of the Case.

The Board has remanded the case due to VA failing to ensure that it made reasonable steps to obtain identified private treatment records and failed to address an October 2017 VA examination report.

The Veteran's asbestosis disability is being remanded for further evaluation due to a possible worsening of symptoms.

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's asbestosis and pleural plaques, including whether they are related to service or asbestos exposure.

The Board has granted service connection for a cervical spine disability, right upper extremity radiculopathy, asbestosis, and lung disability/COPD. The Veteran's conditions are found to be related to his military service.