Asbestosis decisions — 2026

The Veteran's claim for PTSD with insomnia was granted, and his claim for asbestos mesothelioma/asbestosis was denied.

The Board has determined that the claim for service connection for OSA should be remanded due to a duty-to-assist error and because of the need to obtain a medical opinion regarding the appellant's OSA, including whether it is related to his in-service toxic exposures.

The Veteran's asbestosis with asthma was granted a 100% disability rating effective July 19, 2023. The appeal is granted.

The Board has remanded the claim of service connection for asbestosis and pulmonary fibrosis due to a lack of an adequate medical opinion regarding whether these conditions are related to service, specifically in-service exposure to asbestos. The Veteran's lay contentions must be considered in rendering this opinion.

The Veteran's asbestosis is rated at 60 percent, which is the maximum rating under DC 6833. The Board finds that a higher rating is not warranted.,The Veteran's intervertebral disc syndrome with L5 spondylolysis and spondylolisthesis with spinal stenosis and degenerative disc disease is rated at 20 percent, which is the maximum rating under DC 4.71a, Diagnostic Code 5243. The Board finds that a higher rating is not warranted.,The Veteran's left lower extremity radiculopathy, sciatic nerve is rated at 20 percent, which is the maximum rating under DC 8520. The Board finds that a higher rating is not warranted.,The Veteran's right lower extremity radiculopathy, sciatic nerve is rated at 20 percent, which is the maximum rating under DC 8520. The Board finds that a higher rating is not warranted.

The Board has dismissed the claims for service connection for left lower extremity (LLE) sciatic radiculopathy and right lower extremity (RLE) sciatic radiculopathy as these conditions were granted on an inferred basis from a separate back disability.,The Board also dismissed the claims for service connection for asbestosis and acne, finding that there is no current evidence of these conditions.

The Veteran's appeals for service connection were denied, and the Board found no legal basis to award VA burial benefits or accrued benefits. The claim for accrued benefits is dismissed due to a conflict with another pending appeal.

The Veteran's claim for service connection for asbestos is denied. The rating for migraines has been increased to 50 percent, effective August 11, 2025. A compensable rating for the scar of the left eyebrow and a rating greater than 10 percent for the painful scar from September 13, 2022 to October 1, 2023 have been granted.

The appeal for an initial compensable disability rating for service-connected hearing loss is dismissed. An initial 30 percent disability rating for asbestosis is granted.

The Board has decided to remand the Veteran's claims for PTSD and chronic lung condition due to asbestosis exposure, finding that the VA examiner's opinions were inadequate.

The Veteran's appeal for an earlier effective date for asbestosis service connection was dismissed due to his death during the pendency of the appeal.

The Veteran's SMC based on the need for regular aid and attendance due to his service-connected pulmonary asbestosis is granted.

The Veteran's claims for service connection for asbestosis, groin muscle disability, and sleep apnea are being remanded due to the need for further development including medical examinations.

The Veteran's appeal for service connection on multiple conditions has been dismissed due to his death during the pendency of the appeal.

The Board has denied service connection for asbestosis, and the case is being remanded due to a pre-decisional error by the agency of original jurisdiction (AOJ).

The Veteran's squamous cell carcinoma is related to his in-service radiation exposure and service connection for this condition is granted.,The Veteran's GERD with Barrett's esophagus does not meet the criteria for a compensable rating as there are no documented esophageal stricture symptoms.,Service connection for thoracic ascending aortic aneurysm remains remanded due to inadequate pre-decisional duty-to-assist errors and need for updated VA TERA memorandum and examination.,Service connection for asthma and COPD is also remanded due to inadequate pre-decisional duty-to-assist errors and need for updated VA TERA memorandum and examination.,The Veteran's asbestosis claim remains on hold pending resolution of the remaining claims.

The Board has determined that the Veteran did not have a current diagnosis of asbestosis, dementia, lung cancer, or metastatic bone cancer at any time prior to his death. The evidence does not support service connection for these conditions.,There is no indication of exposure to Agent Orange during service and no medical opinion linking the Veteran's dementia to in-service herbicide exposure.

The Veteran's service-connected asbestosis is found to have substantially contributed to his cause of death, respiratory arrest. The Board grants entitlement to service connection for the cause of death.

The Veteran's claim for eligibility to enroll in the PCAFC program was remanded due to errors in notification and lack of a clinical determination as to whether it is in the best interest of the Veteran to participate. The AOJ must obtain medical opinions, provide proper notice, and address these issues before making a final decision.

The Board has remanded the issues of entitlement to service connection for a pulmonary disorder, including asbestosis, and prior to July 14, 2022, entitlement to a rating greater than 60 percent for diabetic nephropathy with nephrolithiasis and ureterolithiasis. The AOJ is directed to schedule a CT scan of the Veteran's lungs.