Asbestosis decisions — 2024

The Board denied a higher rating for the Veteran's service-connected asbestosis, finding that his disability did not meet the criteria for a rating in excess of 10 percent.

The Veteran's asbestosis with lung cancer (mesothelioma) was granted a total, 100 percent disability rating from June 7, 2019 to January 2, 2020.

The Veteran's respiratory disorder, initially claimed as asbestosis, is granted due to the Board finding that it was incurred during active duty service and linked to verified exposure to herbicide agents.

The Board has remanded the claim of service connection for respiratory disability due to new evidence received after a previous denial, and it is now up to the AOJ to determine if the Veteran's current respiratory disability is related to his military service.

The Board has granted a 30 percent rating for service-connected asbestosis from August 3, 2022. The Veteran's FVC was 69 percent predicted on the PFT conducted on that date.

The Board has granted an effective date of February 26, 2013 for the grant of DIC benefits based on service connection for cause of the Veteran's death.,Dependency benefits for the Veteran's child were also granted from February 26, 2013 until his 18th birthday in March [REDACTED], 2013.

The Veteran's claim for service connection for asbestosis was denied because there is no evidence of a current disability, and the VA examiners found no objective basis to support such a diagnosis.

The Board has remanded the claims of service connection for a respiratory condition related to asbestos exposure and TDIU due to service-connected disabilities. The claims are being remanded because there were duty-to-assist errors prior to the March 2024 rating decision, specifically regarding the VA examination that was not conducted as scheduled.

The Board has determined that the Veteran's death was due to cerebral hypoxemia, cardiorespiratory failure, oat cell lung cancer, and asbestosis. The claim is being remanded for further development including a VA examination and medical opinion regarding service connection.

The Board has remanded the Veteran's claims for service connection for respiratory disability and tinnitus due to lack of development, including obtaining VA treatment records and determining asbestos exposure during service. The Veteran is also seeking a hearing on his appeal.

The Board denied service connection for diabetes mellitus, asbestosis, hypertension, erectile dysfunction (ED), sleep apnea, right knee disability, and left knee disability due to lack of evidence supporting herbicide exposure in Korea.

The Board has dismissed all claims of service connection due to the Veteran's death.

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's respiratory disability, specifically his diagnoses and their relation to service. The VA will need to verify the Veteran's exposure to herbicide agents and asbestos during service and schedule a new examination.

The Board has remanded the claims of service connection for sleep apnea and asbestosis due to new evidence added by VA, requiring a Supplemental Statement of the Case.

The Board has remanded the case due to an inadequate VA examination in July 2016, which did not address the etiology of the Veteran's diagnosed respiratory disabilities including COPD and asthma. The case is now pending for a new VA examination.

The Board has determined that the Veteran's claims for service connection related to asbestos exposure, hearing loss disabilities, and a right knee disability are remanded due to insufficient evidence. The cervical spine and wrist nerve disabilities remain under consideration.

The Veteran's service-connected asbestosis with emphysema and chronic obstructive pulmonary disease is rated at 30 percent since August 14, 2017. The Board denied a higher rating prior to that date.

The Board has granted service connection for fibrosis of the lung to include asbestosis, finding that it is at least as likely as not related to in-service asbestos exposure.

The Board has denied a rating in excess of 60 percent for pulmonary asbestosis with sleep apnea, and the issue of service connection for hypertension is remanded due to insufficient medical opinions regarding its etiology.

The Board has remanded the case due to insufficient evidence regarding the Veteran's exposure to asbestos and other toxins during service, as well as his current pulmonary disorder. The VA will need to conduct further research and obtain medical opinions to determine if the Veteran's conditions are related to his military service.