Asbestosis decisions — 2023

The Board has decided to remand the Veteran's claim for pulmonary asbestosis due to a lack of adequate examination addressing the private medical opinion from Dr. G. The VA examiner failed to address this opinion and other related evidence in the claims file.

The Board denied service connection for asbestosis and COPD, finding that the evidence did not support a link to service or post-service exposure.

The Board has decided to remand the case due to conflicting radiological findings regarding a diagnosis of asbestosis and to determine whether it is at least as likely as not that the Veteran currently has or had an asbestos-related lung disease during the appeal period.

The Board has remanded the case due to inadequate reasoning in a previous opinion regarding service connection for bronchitis. The Veteran's lay statements about symptoms during service need to be addressed by a new medical opinion.

The Veteran's claims for an increased rating for asbestosis and TDIU have been dismissed due to the death of the Veteran.

The Board has determined that the Veteran's asbestos-related lung disease, which was incurred in service, contributed to his death and is therefore service-connected for the cause of his death.

The appeal is dismissed as to the claims of service connection for PTSD, residuals of traumatic brain injury (TBI), and a deviated septum. The appeals are remanded for further development on the remaining issues.

The Board denied service connection for esophageal cancer and a respiratory disorder other than asbestosis and COPD, both claimed as due to exposure to asbestos. The issues of service connection for hemorrhagic stroke and SMC were remanded.,The evidence did not support the Veteran's claims that his esophageal cancer or respiratory disorders were related to his in-service exposure to asbestos.

The Veteran's initial compensable rating for service-connected asbestosis is remanded due to the lack of compliance with the August 2022 Board remand directives, specifically regarding a VA respiratory examination and pulmonary function testing.

The Veteran's claim for service connection for a respiratory condition, including asbestosis and/or COPD, is being remanded due to the need for further development. The low back disability has been granted based on continuity of symptomatology since service.

The Board has reopened the claim for service connection of a low back disability due to new and material evidence. The remaining issues on appeal are remanded for further development, including obtaining an examination and opinion regarding hypertension.

The Veteran's prostate cancer residuals are rated at 40 percent effective February 3, 2015. The Veteran's dermatitis is rated at 10 percent effective September 18, 2014. The Veteran's asbestosis remains noncompensable.

The Veteran was granted an effective date of December 3, 2010 for service connection of asbestosis. However, the effective date was later changed to July 22, 2016 due to additional medical evidence.,Service connection for coronary artery disease (CAD) is being remanded.