Asbestosis decisions — 2024

The Veteran's appeal for a TDIU on an extraschedular basis prior to April 27, 2014 is being remanded. Additionally, the earlier effective date for DEA benefits is also being remanded due to its inextricability with the TDIU issue.

The appeals for service connection for cervical spine disability, right hip joint replacement, and asbestosis are dismissed. Service connection is granted for emphysema (claimed as pleural lung damage).

The Veteran's claims for increased rating of tinnitus and earlier effective date for service connection were denied. The claim for service connection of a kidney cyst due to asbestos exposure is remanded.

The Veteran's appeals for entitlement to service connection for asbestosis and obstructive sleep apnea have been dismissed because the claims were not timely filed.

The Veteran's claim for an earlier effective date for service connection of asbestosis was denied because the claim to reopen his previously denied claim was received after the 60-day period following the issuance of the Statement of the Case.

The Board has determined that new and relevant evidence has been received to warrant readjudication of the claim for an asbestos-related respiratory condition. The claim for service connection for a pituitary tumor is denied as there is no new and relevant evidence presented.

The Veteran withdrew all appeals regarding the increased ratings for left eye optic atrophy with chronic narrow angle glaucoma, hypertension, PTSD, and asbestosis.

The Veteran's claim for a higher rating for asbestosis was denied, with the effective date set at August 17, 2020.,The request for an earlier effective date for the 30 percent rating was also denied.

The Board has granted service connection for degenerative changes of the lumbar spine. The remaining issues have been remanded due to a duty to assist error.

The Board denied service connection for COPD and granted a 10 percent rating for asbestosis, but did not address the Veteran's claims in detail.

The Board has denied service connection for asbestosis and remanded the issue of sleep apnea due to a lack of VA examination.

The Veteran's asbestosis, bilateral hearing loss, and PTSD have been rated based on their respective conditions. The rating for asbestosis has been granted at 100 percent effective April 20, 2022. The rating for bilateral hearing loss has been granted at 20 percent effective April 20, 2022. The Veteran's PTSD remains rated at 70 percent and is denied a higher rating.

The Veteran's asbestosis was not incurred or aggravated during service, and the evidence does not support a finding that it began in service. The Board denied service connection for asbestosis.

The Veteran's appeals for increased rating and earlier effective date have been dismissed due to his death. The Board cannot issue a decision on these claims as the appeal is no longer pending.

The appeal for service connection of COPD, emphysema, and asbestosis is dismissed due to the Veteran's death.

The Veteran's claims for increased ratings for asbestosis with pleural thick thickness and bilateral hearing loss were denied. The Board found that the evidence did not meet the criteria for higher disability ratings under applicable rating schedules.

The Veteran's asbestosis is rated at 100 percent, and he is granted SMC at the housebound rate due to his service-connected coronary artery disease with congestive heart failure, atrial fibrillation, and status post angioplasty associated with asbestosis.

The Veteran's asbestosis with COPD is rated at 60 percent since August 20, 2007.

The Board dismissed the appeal regarding an earlier effective date for asbestosis service connection, and granted a new initial rating of 30 percent.

The Veteran's claim for an earlier effective date for asbestosis was denied, but his claim for a higher rating for asbestosis was granted. The effective date for the grant of service connection is set at July 5, 2018, based on the intent to file received less than one year prior to the June 2019 claim that led to the grant of service connection.