Asbestosis decisions — 2024

The Veteran's appeal for service connection for a lung condition was dismissed because the Notice of Disagreement (VA Form 10182) was not filed within one year from the date of the issuance of a notice for a rating decision that adjudicated the issue.

The Board has dismissed the appeals for service connection for asbestosis and an increased rating for restrictive lung disease (RLD) due to a prior, pending Supplemental Claim.

The Board has decided to remand the case due to inadequate VA examination and duty-to-assist error, specifically regarding the Veteran's claimed respiratory disability including asbestosis.

The Veteran's claim for service connection for asbestosis with pulmonary fibrosis was denied in November 2009, and the Appellant sought to reopen the claim in December 2018. The new evidence did not change the outcome of the case.,The Appellant also seeks an earlier effective date for Dependents' Educational Assistance (DEA) benefits, which were granted based on the Veteran's total disability rating from December 27, 2018. However, as service connection was denied prior to this date, DEA benefits cannot be awarded earlier.,The Appellant also seeks an earlier effective date for special monthly compensation (SMC) based on need for aid and attendance due to the Veteran's asbestosis. The Veteran had a total disability rating from December 27, 2018, but SMC was granted based on his coronary artery disease prior to this date.

The Veteran's granuloma of the right lung with scarring due to asbestos exposure has been rated at 30 percent, and the Board found that this rating is not higher based on the evidence provided.

The Board has denied the Veteran's claims for service connection for colon cancer and prostate cancer, both claimed to be due to asbestos exposure during active duty. The VA examiner found that there was no causal relationship between the cancers and the asbestos exposure.

The Board has dismissed the Veteran's appeals for service connection on all issues due to an error in docketing within the AMA system.

The Veteran's respiratory disability, including COPD, is being remanded for further evaluation due to the need for a proper medical opinion addressing his service connection claim and exposure history.

The Veteran's claim for a bilateral hearing loss disability is denied as he does not have a current disability for VA purposes.,The Veteran's claims for an acquired psychiatric disorder, diabetes mellitus, peripheral neuropathy (upper and lower extremities), erectile dysfunction, vestibular disability, skin condition, heart condition, and respiratory condition are remanded due to the need for further development of evidence.,The Veteran's claim for a bilateral kidney condition is remanded as it may be related to his service-connected diabetes mellitus.

The Board dismissed the Veteran's appeals for parental special monthly compensation and service connection due to untimely filing of a VA Form 10182.

The Veteran's service-connected disabilities, including Parkinson's disease with right upper extremity tremor and prostate cancer, have rendered him unable to secure or follow substantially gainful employment during the period from April 15, 2019 to April 30, 2019. He is granted a total disability rating based on individual unemployability for this period.

The Veteran's claim for an initial evaluation in excess of 100 percent for service-connected asbestosis has been denied. The effective date for the grant of service connection for asbestosis is set at January 18, 2012.

The Veteran's service-connected disabilities do not prevent him from securing and following a substantially gainful occupation.

The Board has granted service connection for respiratory disability, including asbestosis and COPD, attributing the condition to in-service asbestos exposure. The Veteran's extensive smoking history is also considered.

The appeal for hepatitis C and cirrhosis as secondary to hepatitis C is dismissed. The appeal for asbestosis is remanded due to pre-decisional duty-to-assist errors.

The Veteran's claim for a higher rating for his chronic lung disease, diagnosed as asthma and asbestosis, prior to November 29, 2022, is denied. The case is remanded for further consideration of the TDIU issue.

The appeal with respect to asbestosis is dismissed. Service connection for tinnitus is granted, and a compensable rating for bilateral eye disability is denied. The appeals regarding hearing loss, an acquired psychiatric disorder, left shoulder disability, and upper back/cervical spine disability are remanded.

The Veteran's asbestosis with pleural plaques is currently rated noncompensable. The Board has ordered a remand to obtain additional diagnostic testing, specifically post-bronchodilator and DLCO tests.

The Board has decided to remand the case due to a lack of updated pulmonary function testing and incomplete medical records, which could affect the severity assessment of the Veteran's service-connected respiratory disability.

The Board dismissed the appeal of a compensable disability rating for pulmonary asbestosis due to a remand in another case, and no new claim was filed between the previous decision and this one.