Asbestosis Board decisions

The Veteran's claims for right ear hearing loss and an initial increased rating for asbestosis were denied by the VA. The TDIU claim remains in appellate status.

The Veteran's appeal is being remanded to obtain additional medical records and for further examinations. The claims will be reconsidered based on the new evidence.

The Board has determined that it is factually ascertainable that the Veteran's service-connected disabilities prevented him from retaining substantially gainful employment for a period of one year prior to his February 12, 2008 claim. Therefore, an effective date of August 20, 2007, but no earlier, has been granted for the award of TDIU.

The Board has determined that the Veteran's asbestosis and colon cancer are related to his military service, with asbestos exposure being a significant factor.

The Veteran's claims for service connection for asbestosis, bilateral hearing loss, hypertension (secondary to diabetes and/or PTSD), alcoholism (secondary to PTSD), joint pain (including fibromyalgia and osteoarthritis) (secondary to PTSD), gastrointestinal condition (secondary to PTSD), initial disability rating in excess of 20 percent for diabetes mellitus, and initial disability rating in excess of 10 percent for CAD have all been denied. The Veteran's service treatment records are silent for complaints or findings of hearing loss, asbestosis, hypertension, alcoholism, joint pain, gastrointestinal condition, diabetes mellitus, or CAD.

The Veteran's appeal is being remanded due to the need for a videoconference hearing. The issues of entitlement to higher ratings for asbestos lung disease and special monthly compensation based on aid and attendance are still pending.

The Board found that the Veteran's respiratory disability, asbestosis, and bronchitis were not incurred in or aggravated by service. The claim for service connection was denied.

The Veteran's appeal involves multiple service-connected disabilities, including pulmonary tuberculosis, diabetes mellitus, peripheral neuropathy, hypertension, and erectile dysfunction. The issues include seeking increased disability ratings for these conditions.

The Veteran's claim for an earlier effective date for the grant of service connection for pulmonary asbestosis is denied because no claim was filed prior to December 16, 2009.

The Veteran's asbestos-related lung disease warrants a 60 percent rating since September 19, 2013. Effective from that date, the Veteran is entitled to TDIU due to his service-connected disability preventing him from securing or following substantially gainful employment.

The Veteran's initial claim for an increased rating for asbestos-related pleural disease was denied, as the current level of disability does not warrant a higher rating under the applicable schedular criteria.

The Board found that the Veteran does not have a current diagnosis of asbestosis and therefore denied his claim for service connection.

The Board found no evidence of a current diagnosis for the Veteran's claimed sinus condition and headaches, and thus denied service connection.

The Board has determined that the Veteran does not have a current diagnosis of lung disability, other than asbestosis and calcified lymph nodes, or phrenic nerve disability. The VA examinations did not find evidence of these conditions.

The Board has remanded the case for further development and consideration of the Veteran's claim for service connection for COPD, which is currently in effect due to exposure to asbestos or secondary to a service-connected condition.

The Veteran's asbestosis is currently rated at 30 percent, and the Board finds that there is not sufficient evidence to warrant a higher rating.

The Board has determined that there is no competent and credible evidence of a current diagnosis of asbestosis or any other respiratory condition not already service connected. Therefore, the claim for service connection for asbestosis is denied.

The Board has determined that the Veteran does not have a current diagnosis of asbestosis, and his COPD and emphysema are more likely due to tobacco use rather than service. As such, the claims for these conditions cannot be granted.

The Veteran's lung condition and thyroid condition are being remanded for further development to determine if they are related to service, including exposure to asbestos and herbicides.

The Veteran's service-connected reactive airway disease with asbestosis was not productive of the required criteria for a rating in excess of 60 percent prior to July 30, 2013.