Asbestosis Board decisions

The Veteran's service-connected asbestosis with emphysema and chronic obstructive pulmonary disease is rated at 30 percent since August 14, 2017. The Board denied a higher rating prior to that date.

The Board has granted service connection for fibrosis of the lung to include asbestosis, finding that it is at least as likely as not related to in-service asbestos exposure.

The Board has denied a rating in excess of 60 percent for pulmonary asbestosis with sleep apnea, and the issue of service connection for hypertension is remanded due to insufficient medical opinions regarding its etiology.

The Board has remanded the case due to insufficient evidence regarding the Veteran's exposure to asbestos and other toxins during service, as well as his current pulmonary disorder. The VA will need to conduct further research and obtain medical opinions to determine if the Veteran's conditions are related to his military service.

The Board has granted service connection for an asbestos-related respiratory disability, finding that the Veteran's current condition is related to his exposure to asbestos during active duty service.

The Veteran's asbestosis with COPD, along with other service-connected conditions, has been granted a 100% rating effective August 15, 2018. The decision also grants special monthly compensation (SMC) under 38 U.S.C. § 1114(s).

The Veteran's appeal of the petition to reopen previously denied claims for service connection and entitlement to an effective date prior to May 21, 2018, for award of increase rating to 70 percent for PTSD is dismissed.,The Board has remanded the issues of entitlement to a rating in excess of 70 percent prior to November 1, 2023, for PTSD and entitlement to TDIU prior to November 1, 2023.

The Board denied service connection for a respiratory disability, including claimed asbestosis, and sleep apnea. The Veteran's lay assertions were not supported by medical evidence or clinical findings during service.

The Board has remanded the case due to insufficient medical evidence to determine the severity of the Veteran's pulmonary asbestosis during the period on appeal, and whether it is possible to separate its effects from his non-service-connected renal cancer with metastasis to the lung.

The Board denied the Veteran's claims for service connection and increased rating for various conditions, including bilateral hearing loss, tinnitus, traumatic brain injury, lung condition due to asbestos exposure, and non-prostrating posttraumatic headaches. The reasons given were that there was no evidence of a nexus between these conditions and service.

The Board has remanded the issues of service connection for head injury, head scar, low back disability, and acquired psychiatric disability due to new evidence submitted since the last final denial in June 2013. The claims are being reopened but not decided on their merits.

The Board has determined that the Veteran's lung condition due to asbestos exposure, bilateral hearing loss condition, lumbar laminectomy and discectomy, sleep apnea, and irritable bowel syndrome are not service-connected. The cases have been remanded for further development.

The Veteran's COPD, lung cancer, sinusitis, allergic rhinitis, gastroenteritis, rubella, and vertigo, dizziness, and lightheadedness are all remanded for further evaluation due to the need for medical opinions regarding their etiology.

Service connection for malaria is denied. The Veteran's claim has been reopened, but service connection cannot be established as there was no evidence of a current disability during or within one year after service.,Service connection for chronic kidney disease is granted. The Veteran's current diagnosis is linked to herbicide agent exposure during service.,Service connection for the heart disability (atherosclerosis of the aorta) is granted. The Veteran has a current diagnosis and there is evidence linking it to herbicide agent exposure.,Service connection for hyperlipidemia is denied. There is no disease or disability listed under VA regulations that corresponds with this condition.,Service connection for asbestosis is denied. There is no evidence of asbestos exposure during service, and the Veteran's claim cannot be granted based on presumptive service connection.,Service connection for chronic constipation (IBS) is denied. The Veteran does not have a current diagnosis or sufficient evidence linking it to service.,Service connection for gastroesophageal reflux disease (GERD) is denied. There is no evidence of GERD during service and the condition cannot be linked to herbicide agent exposure.,Service connection for cataract of the left eye is denied. The Veteran does not have a current diagnosis or sufficient evidence linking it to service.,Service connection for myasthenia gravis and double vision is granted. There is a current diagnosis and evidence linking it to herbicide agent exposure.

The Board has remanded the cases for additional development due to inadequate or incomplete opinions in previous VA examinations and evaluations.

The Veteran's bilateral hearing loss is related to his military service and has been granted.,The Veteran's respiratory condition, including shortness of breath, coughing, and chest pain (claimed as related to asbestos), is related to his military service and remains pending for further review.

The Veteran's right ear hearing loss is granted as service-connected.,For the period prior to April 6, 2018, an initial compensable evaluation for asbestos induced pleural plaques was denied.

The Board has remanded two issues related to the Veteran's asbestos-related pleural disease: an initial rating higher than 10 percent and entitlement to a TDIU. The Veteran is required to provide additional information about his employment history and annual salary, and he must undergo a VA examination.

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's exposure to asbestos during service and the etiology of his asbestosis. The AOJ is instructed to obtain an addendum medical opinion from a VA examiner.

The Board has remanded several claims, including service connection for COPD, heart conditions, paroxysmal atrial fibrillation, anemia, gallstones, and glaucoma. The Veteran's exposure to asbestos during service as a boiler technician is conceded.