Asbestosis decisions — 2025

The Board remands all claims for service connection due to the need for additional development, including obtaining VA examinations and TERA opinions.

The Board denied service connection for prostate cancer and an initial compensable rating for bilateral hearing loss, while remanding claims for a respiratory condition other than asbestosis and an increased rating for asbestosis.

The Board granted a 100 percent rating for the Veteran's asbestosis based on DLCO (SB) of 39-percent predicted, which meets the criteria under DC 6833.

The appeal for an earlier effective date for the award of a 100 percent disability rating for service-connected COPD with asbestosis was dismissed.

The Board denied the Veteran's claims for an initial compensable rating for squamous cell carcinoma, right tonsil with asbestosis and extraction of teeth numbers 1, 3, 14, 16, 17, 18 and 30.

The Board denied the veteran's claims for increased ratings and service connection, finding that the evidence did not support a higher rating for tinnitus or a compensable rating for bilateral hearing loss. The claim for an acquired psychiatric disability was also denied as there was no current diagnosis of PTSD or other mental health condition.

The Board dismissed several claims for service connection and a higher rating, including those for hypothyroidism, right achilles tendon strain, tinnitus, and erectile dysfunction.

The Board granted service connection for bilateral hearing loss, but remanded the claims for hypertension, a respiratory condition, arthritis, and an acquired psychiatric disorder due to further development needed.

The appeal for service connection for chronic fatigue syndrome, sleep disturbance, and compensation under 38 U.S.C. § 1151 for cervical spine nerve damage to include residual surgical scars was dismissed due to a procedural defect in the notice of disagreement. The claim for asbestosis was denied due to lack of evidence supporting a current disability.

The Board granted service connection for atrial fibrillation and hypothyroidism, but denied a compensable disability rating for hypertension. The Board also granted a 60 percent disability rating for asbestos related pleural disease with pleural effusion, parenchymal disease, and COPD.

The appeal of the March 2024 rating decision seeking the restoration of a 10 percent rating for asbestosis from January 24, 2024 is dismissed.

The Board granted service connection for asbestosis, asthma, and emphysema prior to August 10, 2022, based on the Veteran's in-service asbestos exposure.

The Board denied service connection for asbestosis, finding that the evidence does not support a link between the condition and the Veteran's active service.

The Board denied service connection for tuberculosis and asbestosis due to the lack of evidence showing current diagnoses or a link to service.

The Veteran was granted a 30 percent disability rating for asbestosis and obstructive pulmonary function from September 30, 2016.

The Board denied service connection for asbestosis and remanded the claims for left knee pain, right knee pain, right thigh pain, status-post left first MTP arthroplasty with residual pain (claimed as left foot pain), and right hand pain due to pre-decisional duty to assist errors.

The appeal for asbestosis was granted, while the claims for a compensable rating for hypertension and service connection for an upper respiratory condition were remanded.

The Board remands the claim for an earlier effective date for the 100 percent rating for lung cancer to include asbestosis, interstitial pneumonitis, and emphysema due to a pre-decisional duty to assist error.

The Board granted service connection for sleep apnea and asbestosis, but denied service connection for hypertension.

The Board denied service connection for asbestosis and bilateral hearing loss, and remanded the claim for a low back condition due to insufficient evidence.