Asbestosis decisions — 2025

The Board remands the claims for service connection for asbestosis and chronic obstructive pulmonary disease (COPD) due to inadequate medical opinions regarding the relationship between these conditions and the Veteran's military service, including potential asbestos exposure.

The Veteran's asbestosis with pleural effusions was denied a rating in excess of 30 percent prior to May 13, 2013, but granted a 60 percent rating from that date forward. A higher rating was also denied thereafter.

The Board remands the claim for a recurrent pulmonary disability to ensure that there is a complete record upon which to decide the claim, including obtaining a thorough and contemporaneous medical examination.

The Board remands the case for corrective action regarding a pre-decisional duty to assist error in providing notice of the right to a hearing prior to issuance of the AOJ's initial decision.

The Board granted a rating of 20 percent for dry eye syndrome, conjunctivitis, and pingueculae but remanded the claim for service connection for a lung condition due to potential exposure to burn pits.

The Board denied the Veteran's claim for an earlier effective date for the evaluation of asbestos related pleural plaques, as there is no evidence that the criteria for a higher rating were met prior to August 24, 2022.

The Board denied service connection for a respiratory disability, claimed as asbestosis, based on the lack of evidence showing the Veteran had such a condition during or approximate to the pendency of his claim.

The Board granted initial ratings of 70 percent for right hand essential tremors, 60 percent for left hand essential tremors, and 30 percent for asbestosis with pulmonary nodule. It denied a rating higher than 30 percent for asbestosis, a compensable rating for bilateral hearing loss, and remanded issues related to atrial fibrillation, coronary artery disease, and increased ratings.

The Board granted service connection for several conditions, including diabetes mellitus and peripheral neuropathy, but denied increased ratings for intervertebral disc syndrome and other conditions.

The Board remands the claims for service connection and special monthly compensation due to inadequate medical opinions and failure to provide proper notice for scheduled examinations.

The veteran's appeal was dismissed due to the untimely filing of the Board Appeal request.

The Board denied service connection for asbestosis and dismissed the issue of service connection for bruxism.

The Board denied an earlier effective date for the award of a 100 percent rating for asbestosis, finding that April 23, 2023, is the proper effective date.

The Board denied service connection for asbestosis, diseased gallbladder, pancreatic attacks, and prostate cancer due to a lack of evidence supporting the claims.

The Board dismissed the claim for an earlier effective date for service connection for asbestosis, as it was a freestanding claim and not continuously pursued within one year of the initial decision.

The Board remands the claims for an increased rating for obstructive sleep apnea and pulmonary asbestosis, and a TDIU due to service-connected disabilities.

The Board remands the claims for increased ratings and service connection due to incomplete evidence regarding functional loss during flareups and a need for additional medical opinions.

The Board granted an effective date of August 26, 2010 for the award of a 30 percent evaluation for COPD, asbestosis, and lung cancer.

The Board remands the claim for service connection for a pulmonary disorder, to include asbestosis, due to an inadequate VA medical opinion.

The Board granted an effective date of December 29, 2022, for the grant of service connection for COPD/asbestosis.