Asbestosis Board decisions

The Veteran's claim for an increased initial disability rating of asbestosis prior to May 31, 2017 was denied. The Board found that the evidence did not support a higher rating and that the Veteran's symptoms were adequately addressed by the current 10 percent rating.

The Board has denied a compensable disability rating for the service-connected asbestosis, finding that the Veteran's decreased pulmonary function is due to nonservice-connected COPD and emphysema.

The Board has denied the Veteran's claim for a compensable disability rating for his service-connected asbestosis, finding that the evidence does not support a higher rating due to the severity of his COPD and emphysema.

The Veteran's service-connected asbestosis is not rated higher than noncompensable due to the presence of nonservice-connected COPD and emphysema, which are attributed to his smoking history.

The Board has remanded the cases for further development and to obtain medical opinions regarding the etiology of the Veteran's COPD and his bilateral photophobia, dry eye syndrome, and arcus senilis.

The Board has granted the claims for service connection for COPD, asbestosis (claimed as shortness of breath due to asbestos and lung nodule), and emphysema. The evidence supports a link between these conditions and in-service asbestos exposure.

The Board denied the Veteran's claims for service connection for asbestosis and/or asbestos exposure with pleural plaques, COPD, and asthma. The evidence did not support a finding that these conditions began during service or were related to inservice asbestos exposure.,Specifically, VA medical opinions concluded that the Veteran's current conditions are more likely due to his occupational exposure to asbestos over 40 years post-service.

The Veteran's service-connected COPD with asbestos plaques and bilateral hearing loss prevent him from securing or following any substantially gainful occupation, thus meeting the criteria for a TDIU on an extraschedular basis.

The Board has remanded the claims for service connection due to insufficient medical opinions regarding the Veteran's exposure to asbestos in service and its relationship to his current respiratory disorder, asbestosis, COPD, left side/left lung area pain, and hypertension.

The Veteran's TDIU and DEA eligibility are denied as the evidence does not show that he was unable to secure or follow a substantially gainful occupation prior to May 27, 2011.,The Board found no entitlement to TDIU prior to May 27, 2011, due to the Veteran's service-connected disabilities and his ability to engage in activities such as painting and working on cars.

The Board has remanded the Veteran's claims for asbestos exposure, hearing loss, tinnitus, and an acquired psychiatric disorder due to a lack of sufficient information in the record to make informed decisions on these issues.

The Veteran's pulmonary asbestosis required outpatient oxygen therapy from December 9, 2019, and a 100% rating was granted effective August 10, 2020.

The Board has determined that new and relevant evidence has been received to warrant readjudication of the claim of entitlement to service connection for a lung disorder due to asbestos exposure. The case is being remanded for additional development, including obtaining a VA examination.

The Board has granted a 100 percent rating for the Veteran's asbestosis and COPD, including his pulmonary hypertension, throughout the appellate period.

The Veteran's claim for a compensable rating for his service-connected bilateral hearing loss is dismissed without prejudice.,His claim for a higher rating for pleural plaques, claimed as asbestosis, was denied. The Board found that the evidence did not support a rating in excess of 10 percent.

The Veteran's service-connected disabilities, including asbestosis and related respiratory conditions, have rendered him unable to secure or maintain substantially gainful employment since October 22, 2012. The Board has granted a total disability rating based on individual unemployability (TDIU) effective from October 22, 2012.

The Board has remanded the case due to inadequate VA examination and need for further clarification on the relationship between asthma, hay fever, and other respiratory disorders. The Veteran's claim will be reconsidered with a new examination.

The Board has determined that the Veteran's asbestosis claim requires additional development due to procedural errors and a need for an updated VA examination.

The Veteran's service connection claim for COPD is granted as his symptoms are indistinguishable from those of his service-connected pulmonary fibrosis with asbestosis.,An initial rating in excess of 70 percent for PTSD with dementia prior to March 18, 2022, is denied due to the Veteran's symptoms not meeting the criteria for a higher disability rating.

The Board has determined that the initial grant of service connection for asbestosis was not based on clear and unmistakable error, but a recharacterization to pleural effusion without evidence of asbestosis led to a reduction in rating. The Veteran's original 30% disability rating is restored.