Asbestosis Board decisions

The Veteran's service connection claims for right and left knee disabilities, left great toe disability, gastroesophageal reflux disease (GERD), unspecified residuals of a car accident, right hip disability, left shoulder disability, congestive heart failure, and residuals of cat scratch fever have been granted. The claim for dental disability for compensation purposes remains denied.

The Veteran's claims for service connection and a higher rating have been dismissed due to his death. The Board has no jurisdiction to proceed with these matters as the appellant is deceased.

The Veteran's claim for a higher rating for asbestosis and his TDIU claim are both remanded due to the need for additional development.

The Veteran's claim for an effective date earlier than April 27, 2020, for the grant of service connection for asbestosis was denied. The Board found that the earliest effective date is April 27, 2020, which is when the claim was received.

The Veteran's SMC (r)(2) benefits for need of aid and attendance are granted, effective March 31, 2015. The RO failed to apply the correct rate due to a LCR error in applying asbestosis and coronary artery disease.

The Board has remanded the case due to conflicting opinions regarding the Veteran's respiratory disorders, specifically asbestosis, asthma, and COPD. The AOJ must complete efforts to determine the extent of the Veteran's exposure to asbestos during service and obtain an addendum opinion from a VA examiner.

The Board denied the Veteran's claim for SMC based on the need for aid and attendance due to his service-connected disabilities, finding that he does not meet the criteria for regular aid and attendance.

The Veteran's claim for a higher rating for hallux valgus was denied.,The Veteran's claim for a higher rating for asbestos related pleural plaques is being remanded.

The Veteran's service connection claim for an acquired psychiatric disorder, to include PTSD, anxiety, and depression is granted. The Board also remanded the claims for ischemic heart disease, lung disability (asbestosis), and fatigue due to potential exposure to asbestos during service.

The claim to reopen the service connection for the cause of the Veteran's death was denied because there is no new and material evidence showing a link between the Veteran's death and service or a service-connected disability.

The Veteran's claims for PTSD and breathing problems due to asbestos exposure are being remanded as new opinions are needed.,The Veteran's claim for allergic rhinitis is being remanded because his condition may have worsened since the last examination.,The Veteran's claim for right shoulder disability is being remanded due to insufficient evidence of increased severity over time.,Whether the character of the Veteran's discharge during December 1998 to October 2001 constitutes a bar to VA compensation benefits is being remanded as new opinions are needed regarding mental health issues and insanity.,The Veteran's claim for an undiagnosed illness or MUCMI, including weight changes, idiopathic skeletal hyperostosis, spondylitis, autoimmune disease, and chronic fatigue, is being remanded due to the need for clarification of his medical records.,The Veteran's claim for periodic numbness of the lip and jaw (secondary to genioglossal advancement surgery) is being remanded as new opinions are needed regarding the nature and etiology of his condition.,The Veteran's claim for residuals of traumatic brain injury (TBI) is being remanded due to inextricability with the character of discharge issue.,The Veteran's claim for a deviated septum is being remanded due to inextricability with the character of discharge issue.,The Veteran's claim for TDIU is being remanded as it is inextricably intertwined with other claims.

The Veteran's petition to reopen the claim of service connection for headaches, secondary to his service-connected anxiety disorder NOS with features of PTSD, was granted. The appeal for service connection for asbestosis and petitions to reopen claims for tinnitus, squamous cell carcinoma of the right base of the tongue, and traumatic brain injury (TBI) were dismissed.

The Board has remanded the case due to unclear post-service asbestos exposure history and a need for an opinion on the etiology of the Veteran's lung condition.

The Board has determined that the Veteran's tinnitus is at least as likely as not related to his active duty service. The cases of respiratory condition, right ear hearing loss, left ear hearing loss, and residuals stab wound, left forearm are all remanded for further development.

The Board denied service connection for a pulmonary disorder, including as a result of asbestos and beryllium exposure.,The Board also denied service connection for hypoxic and hypercapnic respiratory failure, including as a result of asbestos and beryllium exposure.

The Board has decided to remand the case due to new evidence being added to the claims file, and a Supplemental Statement of the Case (SSOC) needs to be issued.

The Board has remanded the case due to insufficient medical opinions provided by VA in previous examinations, and a new examination is required.

The Board has dismissed the appeals for service connection for Parkinson's disease and a lung disability due to withdrawal by the appellant. The cause of death is granted, with malignant mesothelioma being considered at least as likely as not caused by in-service asbestos exposure.

The Board has remanded the Veteran's claims for left leg disability and hypertension due to potential issues with the medical opinions provided.

The Veteran's appeal for hypertension has been withdrawn. The Board has remanded the issue of service connection for asbestosis due to insufficient evidence.