Asbestosis Board decisions

The Board has determined that the Veteran is unable to secure or follow a substantially gainful occupation due to his service-connected psychiatric disability, and therefore grants TDIU with a rating of 70% for depressive disorder.

The Board has determined that the Veteran's pulmonary disability, including interstitial lung disease, COPD, and asbestosis, had its onset in or is otherwise related to military service. As a result, the appeal for service connection is granted.

The Board denied the Veteran's claim for service connection for a respiratory disorder, including asbestosis, COPD, and asthma, due to insufficient evidence linking these conditions to his military service.

The Veteran's pulmonary fibrosis with asbestosis is granted a 100 percent disability rating, effective from September 3, 2019. The TDIU claim is remanded for further action.

The Board has granted the Veteran's claim for service connection for asbestosis, but has remanded the issue of service connection for a respiratory disorder other than asbestosis (asthmatic bronchitis). The evidence is at least in equipoise that the Veteran has asbestosis and it is related to his active military service.

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's respiratory condition and its connection to his service.

The Board dismissed the appeal because the appellant lacked standing to challenge the March 1985 rating decision for service connection of asbestosis, which was final due to non-appeal. The effective date remains unchanged at September 7, 2010.

The Veteran's asbestosis was rated at a noncompensable level prior to September 20, 2016. Effective September 20, 2016, the Veteran is now eligible for a 10% disability rating.

The Veteran's asbestosis was granted a 60% disability rating, effective February 3, 2020. The Board found that the DCLO score of 40 to 55 percent predicted is most reflective of the Veteran's condition and warrants a 60% rating.

The Board has granted a TDIU for the period from September 27, 2013 through July 30, 2015 due to service-connected asbestosis with COPD. The issue of a TDIU from July 31, 2015 is dismissed because the Veteran's respiratory disability alone rendered him unemployable.

The Veteran's asbestosis with COPD was granted a disability rating of 30 percent, but no higher, from March 28, 2011 to February 2017. The initial rating period from October 30, 2009 to March 28, 2011 had a rating of 10 percent.

The Board has decided to remand the case due to inadequate medical examination and needs a new one from VA.

The Board denied a compensable disability rating for service-connected asbestosis, finding that the Veteran's pulmonary function tests did not meet criteria for a compensable rating due to his non-service-connected emphysema and COPD.

The Veteran's respiratory disorder, including asbestosis, pleural plaques, and COPD, is considered to have started during his military service. The Board has granted service connection for these conditions.

The Veteran's service-connected conditions, including PTSD, diabetes mellitus type II, bilateral hearing loss, and tinnitus, have rendered him unable to secure or follow a substantially gainful occupation prior to July 9, 2019. As such, the Board has granted a TDIU for this period.

The Board has remanded the Veteran's claims for COPD and asbestosis due to service connection, with a focus on obtaining VA examinations and opinions regarding the etiology of these conditions.

The Veteran's claim for service connection for asbestosis is denied due to the lack of persuasive evidence linking his current condition to service or any in-service asbestos exposure.,Service connection for type II diabetes mellitus, presumed due to herbicide agent exposure during service at Ubon RTAFB, is granted.

The Veteran's appeals for service connection for various conditions have been withdrawn. The Board has denied the remaining claims of service connection for a headache disorder, jaw disorder, neck disorder, lower back disorder, right hip disorder, left hip disorder, right knee disorder, and left foot disorder (numbness and tingling).

The Veteran's claims for service connection of respiratory disorder, left foot disability, and right foot disability are being remanded due to the submission of new and material evidence. The claim for bilateral hearing loss is also being remanded.

The Board has remanded the case due to a need for an addendum opinion from a pulmonologist regarding the Veteran's lung disorders, including calcified pleural plaque in the right hemidiaphragm. The examiner is asked to determine if these conditions are related to active duty service.