Asbestosis decisions — 2023

The Board denied service connection for GERD, a left hand disorder, and a respiratory disorder resulting from asbestos exposure due to lack of evidence linking these conditions to service.

The Board has remanded the claim of entitlement to an initial rating in excess of 10 percent for asbestos related pulmonary disease with pleural scarring due to further development.

The Veteran's service-connected disabilities preclude him from securing and following a substantially gainful occupation since January 12, 2021.,The Board has remanded the issues of entitlement to an initial compensable evaluation for asbestosis, service connection for COPD, and TDIU on an extraschedular basis from December 9, 2014 to January 12, 2021.

The Board has granted service connection for bilateral hearing loss but has remanded the issue of service connection for a respiratory condition, to include asbestosis.

The Board has determined that the Veteran's claims for service connection have been denied due to lack of new and material evidence, as well as a failure to establish a current disability or link between in-service stressors and current symptoms. Service connection was also not granted for asbestos exposure and respiratory disorder.

The Veteran's asbestosis with residual mild restrictive lung disease and left lateral mid back and left flank scars have not met the criteria for a higher disability rating. The case is remanded for further evaluation.

The Board denied the claim for service connection for cause of death, finding that there was no evidence to support a causal link between the Veteran's service-connected pleural asbestosis and his death from metastatic lung carcinoma.

The Board has determined that the Veteran's lung disability, including COPD, asbestosis, and pleurisy, is related to his asbestos exposure during service. As a result, service connection for these conditions is granted.

The Board denied the Veteran's claim for service connection for asbestosis, finding that there was no in-service exposure to asbestos and no current disability due to asbestosis. The Board also noted that the likelihood of in-service exposure as a boatswain's mate was minimal.

The Board has remanded the case due to inadequate opinions regarding the relationship between the Veteran's service-connected disabilities and his respiratory conditions, including sleep apnea, asbestosis, and neoplasms of the respiratory system. The VA is instructed to obtain additional medical opinions addressing these issues.

The Board has determined that the Veteran's left ear hearing loss and respiratory condition, including COPD due to asbestos exposure, are related to service. The VA examinations provided were inadequate and further development is needed.

The Board has found that further development is necessary for the Veteran's claims, including obtaining SSA records and VA treatment records.

The Board has remanded the Veteran's claims for respiratory disability, right knee disability, and left knee disability due to incomplete personnel records and STRs. The AOJ is tasked with obtaining all available service records and confirming the periods of active duty, ROTC, ACDUTRA, and INACDUTRA. Additionally, a VA examination is needed to determine if the Veteran's respiratory conditions are related to his military service.

The Board has decided to remand the case due to inadequate development of evidence, specifically regarding pleural effusion and its relationship to service-connected conditions. The Veteran's representative requested additional testing (DLCO) and asked for clarification on previous addendum opinions.

The Board has denied the Veteran's claim for service connection for obstructive sleep apnea (OSA) and remanded the issue of increased rating for asbestosis.

The Veteran's bilateral hearing loss and tinnitus have been granted service connection.,Service connection for chest problems due to asbestos exposure has been remanded, as the claim is not clear on its face.

The Board has remanded the cases for additional development and opinion regarding service connection for asbestosis, COPD, and left ear hearing loss.

The Veteran's right ear hearing loss claim is denied as he does not have a diagnosed disability that meets VA criteria.,PTSD is granted with an initial rating of 70 percent, reflecting the severity and frequency of symptoms.

The Board has decided to remand the case due to insufficient development regarding the Veteran's exposure to asbestos and the cause of his death. The VA needs to verify if he was exposed to asbestos during service and provide a medical opinion on whether his service-connected conditions contributed to his death.

The Veteran's claims for service connection for vertigo and asbestosis have been denied due to the lack of current diagnoses.,Service connection has been granted for a scar on the chin associated with a traumatic brain injury.