Asbestosis Board decisions

The Board has remanded the case due to inadequate medical opinions regarding the etiology of the Veteran's lung disorder, including COPD and asbestosis. The VA examiner is asked to provide an opinion on whether the diagnosed lung disorder was at least as likely as not caused by asbestos exposure in service and if it was aggravated by service-connected atrial fibrillation.

The Veteran's claims for service connection for interstitial lung disease, asbestosis, emphysema, COPD, and pulmonary fibrosis with lung nodules have been denied. The Board found that the preponderance of evidence is against finding a causal relationship between these conditions and service.

The Board has determined that the Veteran does not have a current liver disability and therefore denied service connection for this condition. The issues of entitlement to increased ratings for asbestosis and residual scar, status-post removal of a pilonidal cyst are remanded for further development.

The Board has remanded the claims for hypertension, vision loss, sore throat, left knee disorder, and right knee disorder due to lack of evidence supporting service connection.

The Veteran's appeal for an increased rating for asbestosis related lung disease has been dismissed due to his death. The Board does not have jurisdiction to proceed with the case.

Service connection for COPD is granted.,Service connection for a genitourinary disability, other than a prostate disability, erectile dysfunction (ED), retrograde ejaculation, or a voiding dysfunction, and to include as secondary to a transurethral resection of the prostate (TURP) is denied. Service connection for a prostate disability, other than a voiding dysfunction and ED, to include as secondary to a TURP, is remanded.

The Veteran's claim for service connection for an asbestos-related lung disability, including lung cancer, is being remanded due to insufficient medical evidence. The VA will seek additional records and schedule the Veteran for a new examination.

The Board denied a compensable disability rating for asbestosis, finding that the Veteran's lung function tests did not meet the criteria for a compensable rating.

The Veteran's application to reopen his claim for service connection for asbestosis is granted. The claims for major depressive disorder and mood disorder are dismissed. The issue of service connection for a respiratory disorder, including asbestosis, COPD, and asthma, is remanded.

The Board has granted service connection for asbestosis but denied service connection for a chronic respiratory disorder other than asbestosis. The decision is based on the evidence showing that asbestosis was incurred in service, while the medical evidence does not support a finding of direct service connection for a chronic respiratory disorder other than asbestosis.

The Board has decided to remand the case due to inadequate examination opinions and non-compliance with previous remands. The Veteran's claim for service connection for asbestosis, including any diagnosed respiratory or pulmonary disability, is being remanded for further evaluation.

The Veteran's appeal for an increased rating of asbestosis has been dismissed because the Veteran requested withdrawal of his claim.

The Board has determined that the appellant's appeal for service connection for cause of the Veteran's death and nonservice-connected pension benefits must be remanded due to errors in duty to assist. The AOJ is instructed to obtain medical opinions regarding the relationship between the Veteran's fatal conditions and his active duty, including any exposure to asbestos.

The Veteran's asbestos pleurisy (calcified pleural plaque of the left lung) and chronic obstructive pulmonary disease are related to his active service, and service connection is granted.

The Veteran's claim for service connection of asbestos was granted with an effective date of May 21, 2019. The decision is based on the filing of a new application for compensation on that day.

The Board has remanded the claims for service connection due to insufficient evidence regarding the Veteran's in-service exposure and its relation to his current conditions. The claims are pending further examination and opinion.

The Board has remanded the Veteran's claims for service connection for a lung disorder and dermatological condition due to inadequate compliance with prior remand directives. Additional examinations are needed to address whether these conditions arose during or are otherwise related to his military service, including exposure to asbestos.

The Veteran's service-connected interstitial lung disease with asbestos-induced pleural plaques is manifested by a mild disability without significant effect on his total diffusing capacity, and the VA examiners have determined that this condition is primarily due to nonservice-connected emphysema.

The Veteran's claim for a rating of 60 percent from March 29, 2017 to November 25, 2019 for asbestosis has been granted. The effective date is set at the date of claim or the date entitlement arose, whichever is later.

The Board denied the Veteran's claim for service connection of asbestosis, finding that there was no evidence of in-service asbestos exposure and insufficient medical opinion to establish a nexus between his current condition and any such exposure.