Asbestosis decisions — 2024

The Veteran's initial 50 percent rating for asbestosis and obstructive sleep apnea is granted, but an earlier effective date for service connection of these conditions is denied.

The Veteran's service-connected asbestosis does not prevent him from securing or following substantially gainful employment, and he is therefore not entitled to a TDIU rating.

The Veteran withdrew their appeal regarding a disability rating for COPD with asbestos-related pleural plaques, so the case is dismissed.

The Board has remanded the cases for further development and examination. The Veteran's claims of service connection for asbestosis, lumbosacral strain, left knee strain, and right knee strain are pending.

Your claim for service connection for asbestosis lung cancer has been granted by a VA rating decision, and the appeal is dismissed.

The Board granted service connection for asbestosis, finding that the Veteran's condition is related to his in-service exposure to asbestos.

The Board has remanded the case due to insufficient medical opinions and records, particularly regarding the Veteran's diagnoses and their relationship to service. The case needs further development to clarify these issues.

The Board has remanded the Veteran's claims for service connection for asbestosis and obstructive sleep apnea due to exposure to toxins during military service, including asbestos, fuel, oil, and other chemicals. The VA is required to obtain medical opinions addressing the relationship between these conditions and the Veteran's in-service exposures under the PACT Act.

The Veteran's asbestos-related bilateral calcified pleural plaques are currently rated at 10 percent under DC 6833 for asbestosis. The Board has granted a higher rating of 60 percent, but no higher.

The Veteran's appeal is being remanded due to pre-decisional duty to assist errors, including the need for VA medical addendum opinions and obtaining records from an asbestosis-related lawsuit. The TDIU issue is also inextricably intertwined with the obstructive sleep apnea claim.

The Veteran's claims for service connection on multiple conditions were denied in the April 2020 rating decision. The Board is denying these claims based on finality of the decision and lack of new evidence or arguments.

The Board has remanded both issues due to duty-to-assist errors, including the need for SSA disability information and Appellant's medical records.

The Board has granted service connection for residuals of a crush injury to the left index finger. The remaining issues regarding heart condition, prostate cancer, testicular cancer, and melanoma are remanded due to insufficient evidence.

The Board has remanded the claim of service connection for sleep apnea, which is secondary to asbestosis. The case will be reviewed with an addendum opinion from a pulmonary specialist regarding whether the Veteran's asbestosis symptoms have aggravated his sleep apnea.

The Veteran's asbestosis claim was denied for a compensable rating from October 22, 2018 to December 12, 2023. A 30% rating is granted beginning December 12, 2023. Service connection for an allergy disability secondary to the service-connected asbestosis is denied.

The Veteran's asthma is granted service connection, but the claim for asbestosis remains pending due to lack of a clear and unmistakable evidence (CUE) that he does not have the condition.

The appeal of the claim for service connection for sleep apnea is dismissed. The issue of service connection for a respiratory disorder, to include asbestosis and COPD, is remanded.

The Veteran's initial 10% rating for asbestosis is being remanded due to the need for an addendum opinion regarding pulmonary function tests (PFTs) and Diffusion Capacity of the Lung for Carbon Monoxide by the Single Breath Method (DLCO).

The Board has decided to remand the case due to insufficient examinations and a need for additional testing, specifically a high resolution CT scan.

The Board remands the claim for a new VA examination to determine the current severity of the Veteran's obstructive sleep apnea and asbestos-related lung disease, as the previous examination was found inadequate.