Asbestosis Board decisions

The Board has remanded the case for further adjudication due to a request for substitution of the appellant as the Veteran's representative in the asbestos exposure claims. The DIC and cause of death claims are also being considered.

The Board has determined that a remand is required due to the Veteran's failure to attend scheduled VA examinations. The case will be returned for further development and consideration.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the severity of his service-connected asbestosis and determine its impact on his employability.

The Veteran's service-connected disabilities, including asbestosis with pleural plaques, did not render him unemployable prior to October 11, 2010. From October 11, 2010 through February 6, 2013, the criteria for a TDIU were met due to his service-connected asbestosis with pleural plaques.

The Board has determined that the Veteran's lung cancer and asbestos related lung disease are related to his in-service asbestos exposure, which is considered a direct service connection. The cause of death due to bladder cancer and lung cancer is also being addressed.

The Board denied the Veteran's claims for increased ratings for asbestos-related pleural disease and bilateral hearing loss, finding that the current disability levels did not warrant a higher rating under VA's schedular criteria.

The Veteran's appeal is being remanded for further development, including a VA pulmonary examination and the provision of outstanding VA treatment records. The case will be readjudicated after these actions.

The Board has remanded the case for further development, including obtaining an addendum opinion from a VA examiner to address whether it is at least as likely as not that any currently diagnosed respiratory disorder, to include pulmonary asbestosis and sarcoidosis of lung, was caused by or resulted from the Veteran's military service.

The Veteran's service-connected disabilities do not render him unable to secure and follow a substantially gainful occupation, as he is able to perform sedentary work despite his knee issues.

The Board has granted service connection for asbestos-related calcified pleural plaques, but the Veteran is seeking a higher initial rating. The VA will conduct further development and provide an updated VA examination to determine if the Veteran's condition warrants a higher disability rating.

The Board finds that the Veteran's current asbestosis is causally related to his in-service exposure to asbestos, and grants service connection for this disability.

The Board has remanded the case for additional development to ensure that all relevant evidence is obtained and considered.

The Veteran's death was caused by lung cancer, which the Board found to be related to his service-connected asbestosis. The Board granted service connection for the cause of death.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the current severity of his service-connected lung disability and provide post-bronchodilator results for FVC and DLCO (SB) tests.

The Veteran's claims for service connection are being remanded due to the need for clarification regarding his claimed respiratory disability and residuals of laryngectomy, status post laryngeal cancer. The case will be further developed to determine if these conditions are related to in-service asbestos exposure.

The Board has determined that the Veteran does not have a current diagnosis of asbestosis, and therefore cannot establish service connection for this condition.

The Veteran's claims are being remanded due to the need for additional medical records and a VA examination. The issues include service connection for respiratory disorders, PTSD with depressive disorder, and hearing loss.

The Veteran's claim for an initial compensable rating for asbestos related pleural disease is being remanded due to the need for updated VA/TRICARE treatment records and a VA examination.

The Veteran's appeal for an initial compensable rating for asbestosis has been dismissed due to the death of the claimant.

The Board finds that the Veteran's respiratory disability, including asbestosis and COPD, is not related to service or any incident during service. The preponderance of evidence does not support a finding in favor of service connection.