Asbestosis decisions — 2024

An increased disability rating of 70 percent for depression is granted effective May 15, 2014. The claim for an earlier effective date for service connection for depression is denied.

The Board has decided to remand the case due to insufficient evidence regarding asbestos exposure and a need for further examination of the Veteran's respiratory disabilities, including COPD.

The Board has granted service connection for tinnitus but denied service connection for any respiratory disability, to include asbestosis.

The Board has determined that further development is necessary for the issues of entitlement to an initial compensable rating for squamous cell carcinoma, right tonsil with asbestosis and extraction of teeth numbers 1, 3, 14, 16, 17, 18 and 30. The AOJ must obtain retrospective opinions regarding the severity of these conditions from the date of award of service connection, January 15, 2010.

The Board has remanded the claims for additional development due to deficiencies in the record existing prior to the appealed decision. The Veteran's respiratory condition, bilateral knee conditions, and right shoulder condition are being reviewed again.

The Veteran's asbestosis is rated at 90% since July 21, 2021. He was granted a TDIU from that date to November 2, 2022, and eligibility for DEA. A single service-connected disability did not meet the criteria for a TDIU after November 2, 2022.

The Board has granted service connection for COPD, finding that the Veteran's exposure to asbestos during service is at least as likely as not related to his current condition.

The Board has remanded the case due to inadequate VA opinions and a need for further development, including obtaining a new VA opinion on the relationship between the Veteran's claimed conditions and his in-service asbestos exposure.

Service connection for COPD and emphysema is dismissed.,Service connection for asbestosis is dismissed.,Service connection for chronic cervicothoracic pain is dismissed.,Compensable disability ratings for scars, welding burns, left forearm and right forearm are denied.

The Board has dismissed the appeal as all issues have been withdrawn by the appellant's authorized representative.

The Veteran's service-connected asbestosis and lung disabilities render him unable to secure or follow a substantially gainful occupation, warranting a TDIU effective May 24, 2022.

The Veteran's left knee osteoarthritis and cervical degenerative disc disease are granted as service-connected.,Hyperlipidemia is granted as secondary to major depressive disorder. Lipomas of the chest and right middle back, and interstitial lung disease (claimed as asbestosis) are denied.

The Board denied service connection for a respiratory disorder, to include asbestosis, finding no current disability and lack of recent diagnosis prior to the Veteran's claim filing.

The Board has remanded the cases for readjudication due to new evidence submitted by the Veteran.

Your claims for service connection have been granted, but the VA will need to verify your military service and obtain any missing records before making a final determination.

The Veteran's service connection for stomach cancer and its residuals is granted. The rating for pleural asbestosis is remanded, and the TDIU claim is also remanded.

The Board has decided to remand two issues: the first is about a compensable rating for asbestosis, and the second is about an earlier effective date for service connection of cholangiocarcinoma. The decision also mentions that more records need to be obtained and medical opinions should have been sought.

The Board denied the Veteran's claim of service connection for a respiratory disability, including asbestosis exposure, finding that there is no evidence of a current disability related to active service.

The Board has decided to remand the cases of diffuse interstitial fibrosis and asbestosis for further evaluation due to insufficient medical opinions regarding exposure during service.

The Board denied higher initial disability ratings for the service-connected lung disability from October 30, 2009, to March 28, 2011, and from March 28, 2011, to June 17, 2016. The Veteran's lung disability was rated at 10 percent for the first period and 30 percent for the second period.