Asbestosis Board decisions

The Board has remanded the issue of service connection for COPD, as it pertains to whether it is secondary to service-connected asbestosis. The previous VA examination did not address a July 2019 article indicating a link between asbestos exposure and COPD.

The Board has remanded the case due to insufficient evidence regarding the Veteran's exposure to asbestos during service, and a VA examination is needed to determine if his asbestosis is related to in-service asbestos exposure.

The Veteran's service-connected asbestosis and tinnitus do not render him unemployable due to their combined effect, so his claim for a total disability rating based on individual unemployability is denied.

The Veteran's initial claim for a 10% disability rating for asbestosis with pleural plaques and COPD was granted. The issue of service connection for melanoma, which may be related to herbicide exposure, is remanded.

The Board has remanded the claims for additional development due to concerns about the qualifications of the examiners and possible worsening symptoms. The Veteran's effective date claim is denied as there are no documents prior to September 29, 2017 that can be construed as an intent to file a claim to reopen or as a claim to reopen service connection for asbestosis.

The Veteran's service connection claims for hypertension, sinus condition, lung condition (to include as due to exposure to asbestos), stomach condition (to include as due to exposure to contaminated water at Camp Lejeune), headaches (to include as due to exposure to contaminated water at Camp Lejeune), and sleep apnea have all been denied.,The Veteran's service connection claim for a sinus condition has not met the criteria for service connection, as there is no evidence of a chronic sinus condition during his period of service or recent to the filing of the claim. The medical evidence indicates that the Veteran does not have a current diagnosis of a sinus condition and that any symptoms can be attributed to a non-service etiology.,The Veteran's service connection claim for a lung condition (to include as due to exposure to asbestos) has not met the criteria for service connection, as there is no evidence of a lung condition during his period of service or recent to the filing of the claim. The medical evidence indicates that the Veteran does not have a current diagnosis of a lung condition and that any symptoms can be attributed to a non-service etiology.,The Veteran's service connection claim for a stomach condition (to include as due to exposure to contaminated water at Camp Lejeune) has not met the criteria for service connection, as there is no evidence of a stomach condition during his period of service or recent to the filing of the claim. The medical evidence indicates that the Veteran does not have a current diagnosis of a stomach condition and that any symptoms can be attributed to a non-service etiology.,The Veteran's service connection claim for headaches (to include as due to exposure to contaminated water at Camp Lejeune) has not met the criteria for service connection, as there is no evidence of a headache condition during his period of service or recent to the filing of the claim. The medical evidence indicates that the Veteran does not have a current diagnosis of a headache condition and that any symptoms can be attributed to a non-service etiology.,The Veteran's service connection claim for sleep apnea has not met the criteria for service connection, as there is no evidence of a sleep apnea during his period of service or recent to the filing of the claim. The medical evidence indicates that the Veteran does not have a current diagnosis of sleep apnea and that any symptoms can be attributed to a non-service etiology.

The Board has dismissed the claim for a compensable rating for service-connected bilateral hearing loss. The claims of service connection for asbestosis and obstructive sleep apnea are remanded.

The Board has remanded the claims for a respiratory disability and PTSD due to additional development being required.

The appeal for service connection for right hand arthritis is dismissed. The claim of service connection for obstructive sleep apnea (OSA) is denied. The claims for service connection for a respiratory disorder, to include COPD; asbestosis and compensable rating for bilateral hearing loss are remanded.

The Veteran's asbestosis is granted a 30 percent disability rating from December 23, 2018. Prior to that date, the condition was not compensable.

The Veteran's service-connected asbestosis disability was not manifested by a forced vital capacity (FVC) of 80 percent or worse, nor a DLCO (SB) of 80 percent or worse. As such, the claim for an increased rating is denied.

The Board has remanded the claims for an increased rating for asbestosis and entitlement to TDIU due to inadequate VA examination in April 2022. The Veteran needs to provide private treatment records, and a pulmonologist's opinion regarding his asbestosis.

The Veteran's lung disorder, bronchitis, and sleep apnea are all granted as service-connected.,Service connection is also granted for the Veteran's gastric ulcer (gastric disorder) and liver disorder.

The Veteran's asbestosis has not been rated compensably, and he contends his condition is more severe than currently assigned. The Board orders a VA examination to assess the current severity of his service-connected asbestosis.

The Board has remanded several issues related to the Veteran's service connection claims, including for COPD and peripheral neuropathy. The Veteran is also seeking a higher rating for his asbestosis.

The Board has decided to remand the case due to conflicting medical opinions regarding the etiology of the respiratory disorder. The Veteran's service treatment records were silent for any respiratory complaints, but there is a probable likelihood that the Veteran was exposed to asbestos during service.

The Veteran's claim for an acquired respiratory condition to include asbestosis is remanded due to the need for a VA examination.

The Board has dismissed all the issues of entitlement to service connection for various conditions, including heart condition, lung condition (also claimed as asbestosis), sleep apnea, peripheral neuropathy, Barrett's Esophagus/gastroesophageal reflux disease (GERD), gastritis/celiac disease, and neurological effects (restless leg syndrome).

The Board denied service connection for asbestosis, sleep apnea, lumbar spine disorder, hypertension, right knee disorder, left knee disorder, right foot flat foot, and left foot flat foot. The evidence did not show current diagnoses or a nexus to service.

The Veteran's claim for service connection for tinnitus is granted.,Service connection for a respiratory disorder, including mesothelioma and asbestosis, is denied. The Veteran's hearing loss claim is remanded.