Asbestosis Board decisions

The Board has remanded the claims for additional development due to outstanding private treatment records and medical opinions.

The Veteran's appeal to reopen his claim for service connection of asbestosis has been dismissed due to the death of the Veteran.

The Veteran's service-connected disabilities do not prevent him from obtaining and maintaining substantially gainful employment, so his claim for a total disability rating based upon individual unemployability is denied.

The Veteran's appeal for an increased rating for PTSD was denied, and his claim for TDIU due to service-connected disabilities was also denied. The Board found that the Veteran did not meet the criteria for a total disability evaluation based on individual unemployability.

The Veteran's asbestosis with calcified plaques is rated at 30 percent, which does not meet the criteria for a higher rating. The Board found that his pre-bronchodilator FVC results were not supportive of a higher rating and did not indicate cor pulmonale or pulmonary hypertension. For TDIU, the Veteran's service-connected disabilities do not render him unable to secure or follow substantially gainful employment.

The Board has denied the Veteran's claims for service connection for asbestosis of the left lung lobe and vertigo, including as secondary to service-connected tinnitus. The evidence does not support a diagnosis of these conditions related to military service.

The Board has remanded the cases for further development due to incomplete records and need for additional medical opinions.

The Board has remanded the case due to uncertainty about whether the Veteran currently has a respiratory disability related to his service, specifically asbestos exposure. The VA examiner will need to review all relevant records and determine if there is enough evidence to establish service connection for any diagnosed respiratory condition.

The Board has remanded the claims for lung disorder and heart disorder due to potential issues with causation and aggravation, as well as a need for additional medical opinions.

The Veteran's service-connected disabilities, including prostate cancer and bilateral hearing loss, have rendered him unable to secure or follow a substantially gainful occupation from June 10, 2004 to April 20, 2010. The Board has granted entitlement to TDIU on an extraschedular basis for this period.

The Veteran's asbestosis was rated at a 60 percent disability rating since June 21, 2017. Prior to that date, the condition did not warrant a higher rating.

The Board denied the Veteran's claim for service connection for a respiratory disability, including sleep apnea, asbestosis, and neoplasms of the respiratory system, finding that it was not related to his service or secondary to his service-connected PTSD. The Board also found obesity did not cause or aggravate the respiratory disability.

The Veteran's appeal is remanded for further development regarding his initial compensable rating prior to November 15, 2018, and an initial rating in excess of 10 percent from that date for service-connected bilateral hearing loss.

The Board has granted service connection for asbestosis, finding that the Veteran's in-service exposure to asbestos is at least as likely as not related to his current condition. The decision also includes a grant of service connection for emphysema and interstitial lung disease, though this was broadened from the original claim.

The Board has determined that additional development is needed to determine the etiology of the Veteran's lung conditions, including shortness of breath, COPD, emphysema, and pulmonary nodules. The case will be remanded for further examination and opinion.

The Board has remanded the case due to inadequate VA examinations and the need for new evidence, including PFTs. The Veteran's COPD is not service-connected.

The Board denied service connection for the cause of the Veteran's death, finding that his death was not related to a service-connected disability or to service in any other way.

The Veteran's asbestosis with COPD has been granted a 60% rating from March 24, 2018. Prior to this date, the condition was not service-connected.

The Veteran's service-connected lung condition (asbestosis with emphysema) has rendered him unable to secure or follow a substantially gainful occupation, and the Board has granted a TDIU based on this disability.

The Veteran's lumbar strain and posterior facet joint arthropathy are granted as service-connected. The right ankle, sleep apnea, diabetes mellitus type II, right shoulder disability (other than right upper extremity radiculopathy), left shoulder disability (other than left upper extremity radiculopathy and residuals of stab wound), respiratory disability (to include asbestosis), and hemorrhoids are all remanded for further development.