Asbestosis Board decisions

The Board has remanded the case for further development to determine if the Veteran's respiratory disability, including asbestosis and COPD, is related to his in-service asbestos exposure.

The Board has remanded the Veteran's claim for service connection for chronic obstructive pulmonary disease, lung condition due to asbestosis exposure. The case is returned for further review and an addendum medical opinion from the March 2021 VA examiner.

The Veteran's claims for an increased rating for asbestosis and TDIU are remanded due to insufficient evidence in the previous examinations.

The Board has found that the Veteran does not have service connection for diabetes mellitus, hypertension, bilateral lower hernia, right ear hearing loss, left ear hearing loss, right foot disorder, left foot disorder, skeletal arthritis, sinus disorder, COPD, headaches, right carpal tunnel syndrome, left carpal tunnel syndrome, depression, bilateral eye disorder, erectile dysfunction, or asbestosis. The Board has also found that the Veteran's service connection claims for these conditions are remanded due to outstanding in-service medical records and VA treatment records.

The Board denied service connection for lower back strain with pain, as the evidence did not establish a chronic disability in service or continuity of symptomatology. The Veteran's current degenerative arthritis is not presumed due to his military service.,Service connection was also denied for asbestosis, as there is no diagnosis related to asbestos exposure during service and no current diagnosis of asbestosis.

The Veteran's service-connected disabilities do not render him in need of regular aid and attendance or substantially confined to his dwelling due to service-connected conditions, resulting in a denial for special monthly compensation based on aid and attendance and housebound status.

The Board has remanded the Veteran's claims of service connection for a back disability and a respiratory disability due to insufficient evidence in the record. The Veteran served on active duty from January 1966 to May 1969.

The Veteran's initial ratings for slowed speech, swallowing difficulties, asbestosis, right and left upper extremity weakness, and bilateral hearing loss have been denied. The Board has found that the evidence does not support a higher rating for any of these conditions.,Service connection for tinnitus has also been remanded due to conflicting opinions in the medical records.

The Veteran's bilateral hearing loss is currently rated as noncompensable. The lung disease claim has been remanded due to a pre-decisional duty to assist error.

The Veteran's tinnitus is granted as service-connected.,There is no evidence of bilateral hearing loss for VA purposes at any time during the appeal period, so his claim for this condition is denied.

The Veteran's service-connected respiratory disorder does not prevent him from securing or following substantially gainful employment.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for asbestosis. However, the preponderance of the evidence is against finding a current diagnosis of asbestosis or any link between the Veteran's military service and this condition.

The Veteran's cataracts were denied as the evidence did not show that they began during service or are related to an in-service injury, event, or disease. The chloracne was granted as it became manifest within one year of his separation from service and is presumed due to herbicide exposure.,Asbestosis and COPD were both denied as there was no evidence showing that the conditions began during service or are related to an in-service injury, event, or disease.

The Veteran's claim for service connection for allergic rhinitis is granted, and the claim for service connection for interstitial lung disease due to asbestos exposure is reopened.

The Veteran's claim of service connection for hypoglycemia has been dismissed due to the appellant's withdrawal.,Service connection for a dental condition is denied as there is no evidence of loss of substance of body of maxilla or mandible from trauma or disease such as osteomyelitis during service.,The Veteran's claim of service connection for a respiratory condition, claimed as breathing problems, to include as due to asbestos exposure, has been denied as there is no current diagnosis and the evidence does not support an in-service event related to this condition.,Service connection for a skin condition (dermatofibromas) is denied as there are no records showing anatomical loss of mandible or maxilla during service.,The Veteran's claim of service connection for mouth lesion has been remanded due to the lack of consideration of in-service complaints and the need for clarification regarding the diagnosis pattern.,Service connection for sleep apnea is remanded as there are no records showing a specific exposure event related to this condition during service.,Service connection for right knee disability, left knee disability, right hand middle finger disability, right hand ring finger disability, and right hand pinky finger disability have all been remanded due to the need for further medical evaluation and consideration of in-service complaints and current diagnoses.

The Veteran's COPD with asbestos-related pleural disease is currently rated at a 60 percent rating, but no higher, effective November 30, 2010. The appeal for TDIU remains in appellate status.

The Board denied service connection for sleep apnea and pulmonary disorder (asbestosis), and denied a rating higher than 20 percent for bilateral hearing loss since September 1, 2020. The Veteran's hearing loss is currently rated at 20 percent.

The Veteran's asbestosis has been rated at 30 percent prior to December 10, 2019 and 60 percent thereafter. The Board finds that the current severity of his service-connected asbestosis does not warrant a higher rating.

The Board has remanded the claims for service connection due to asbestos exposure, diabetes mellitus type II, low back disorder, hypertension, vision loss, and sore throat. The Veteran is required to provide VA with release forms to obtain his private treatment records from relevant providers.

The Veteran's service-connected disabilities did not prevent him from obtaining or maintaining substantially gainful employment prior to September 9, 2015.