Asbestosis decisions — 2023

The Board has remanded the case due to insufficient consideration of aggravation by service-connected asbestosis with pleural plaques for sleep apnea.

The Board has denied service connection for asbestosis and remanded the claims for asthma. The Veteran's claims for bilateral macular degeneration are also being remanded.

The Board has reopened the claim for service connection for asbestosis and granted it. The mental health claim is remanded due to outstanding records.

The Veteran's pulmonary disability, including COPD and asbestosis, is being remanded for further evaluation due to incomplete medical records and the need for a VA examination.

The Board has dismissed the appeals regarding service connection for a scar and asbestosis due to the Appellant's withdrawal of these claims.

The Board has remanded the Veteran's claims for service connection for a lung disorder (asbestosis) and sleep disorder (sleep apnea), due to insufficient evidence in the record.

The Veteran's claim for an increased rating in excess of 60 percent from November 14, 2021 to July 14, 2022 for service-connected diabetic nephropathy with nephrolithiasis and ureterolithiasis ('renal disease') is granted. The Veteran's claim for service connection for a pulmonary disorder, to include asbestosis, remains remanded due to the need for an addendum VA medical opinion.

The Veteran's initial rating for interstitial lung fibrosis/pulmonary fibrosis was granted at a 30 percent level, effective May 23, 2018. The rating for asbestosis and interstitial lung fibrosis remains at 30 percent.

The Veteran's service connection claims for asbestosis, low back disability, radiculopathy of the left lower extremity, bladder cancer, kidney cancer, prostate cancer, and lung nodules are all denied. The Veteran's service connection claim for a low back disability is granted.

The Board has remanded the case for a VA examination to determine if any current back disability is related to service, including the Veteran's reported in-service injury and symptoms. The claim for bilateral hearing loss and asbestosis remains denied.

The Veteran's asbestosis was granted service connection. The claims for mesothelioma, increased evaluation for pleural plaques, and gastric and/or stomach disability are remanded.

The Veteran's initial rating for COPD with asbestosis prior to June 23, 2014, is denied. The Board found the evidence did not support a rating in excess of 10 percent.,Service connection for TBI or residuals of TBI and dizziness or peripheral vestibular disorder are both denied.

The Board has reopened the claim of service connection for bilateral hearing loss due to new and material evidence. The claims of service connection for asbestos-related respiratory disease are remanded for further development.

The Board has ordered remand due to the need for additional development and clarification regarding whether the Veteran's minimal asbestos exposure during service contributed to his death. The case will be readjudicated based on all evidence.

The Board denied service connection for asbestosis and remanded the issue of evaluating the Veteran's erythema multiforme with Stevens-Johnson syndrome.

The Veteran's claim for service connection for a respiratory disability, including asbestosis and chronic bronchitis, due to asbestos exposure is being remanded for further development.

The Board denied the Veteran's claims for service connection of lung cancer and a temporary total evaluation following his May 2013 surgery. The decision found no clear and unmistakable error in the January 2011 rating decision denying service connection, and did not meet the criteria for a temporary total evaluation.

The Veteran's appeal is remanded due to the need for additional development, including obtaining SSA records. The TDIU claim will be reconsidered.

The Board denied the Veteran's claims for service connection for left foot plantar fasciitis, right foot plantar fasciitis, obstructive sleep apnea, insomnia, and asbestosis and/or any asbestos-related disability. The Board found that there was no evidence linking these conditions to service.

Service connection is granted for pleural plaques, asbestosis, and neck cancer. Service connection is denied for COPD and tongue cancer. CAD remains remanded.