Asbestosis Board decisions

The Board has remanded the cases of service connection for a respiratory disorder, asbestosis and COPD, and headaches due to incomplete evaluations and need for additional medical opinions.

The Board has remanded the claims for service connection for asbestosis, pulmonary arterial hypertension, and pulmonary fibrosis due to conflicting medical evidence. The case will be returned for further examination and opinion.

The Veteran's asbestos-related lung disease is currently rated at 10 percent disabling since August 5, 2020. The Board denied an initial compensable rating prior to that date and a higher rating thereafter.

The Board has remanded the cases for further development and consideration. The Veteran's PTSD claim is being remanded due to a lack of an earlier effective date, while his respiratory disability and TDIU claims are being remanded for additional evaluations.

The Board denied service connection for a respiratory condition due to asbestos exposure, finding that the Veteran does not have asbestosis and there is no evidence of a chronic disability such as asbestosis resulting from in-service asbestos exposure.

The Veteran's death was not caused by a service-connected condition, and the Board found insufficient evidence to establish that asbestos exposure during service contributed to his death.

The Board has remanded the case due to insufficient verification of asbestos exposure during the Veteran's service. The AOJ is required to verify any potential exposure and provide a summary or memorandum based on verified information from official sources.

The Board has remanded the case due to inadequate VA examination and medical opinion regarding service connection for respiratory disease, including COPD and asbestosis. The Veteran's exposure to asbestos during service is conceded.

The Board has decided to remand the case due to insufficient medical explanation regarding the Veteran's pulmonary disability and its relation to asbestos exposure. The case will be reviewed by a pulmonologist for further clarification.

The Board has granted a 100 percent rating for asbestosis effective February 25, 2021. The Veteran's pre-bronchodilator PFT results showed FVC at 69% predicted and DLCO at 96%, while post-bronchodilator results were FVC at 72% predicted and DLCO at 22.4%. These results meet the criteria for a 100 percent rating.

The Board has granted service connection for asbestosis related pleural plaques with an effective date of October 26, 2015. The appeal regarding the earlier effective date is denied.

The Board has dismissed the Veteran's claims for service connection due to an erroneous report of his death.,The issues of service connection for PTSD, asbestosis, adjustment disorder, hypertension, bilateral eye disorder (including cataracts, arcus senilis, pinguecula, and refractive error), coronary artery disease, and dizziness are being remanded for further development.

The Veteran's service-connected disabilities did not prevent him from obtaining or following substantially gainful employment prior to September 1, 2016.

The Veteran's right ear hearing loss, thrombocytopenia, and respiratory disability (asbestosis) are all granted as service-connected. The issues of service connection for a right shoulder disability, right lower extremity radiculopathy, left lower extremity radiculopathy, cervical spine disability, thoracolumbar spine disability, and special monthly compensation based on aid and attendance are being remanded.

The Veteran's asbestosis with pleural plaques to include atelectasis and pleural effusion was granted a 100% evaluation throughout the appeal period, effective October 21, 2016.

The Board has denied the Veteran's claim for service connection for asbestosis, finding that there is no causal relationship between his current condition and his military service. The evidence does not support a finding of in-service asbestos exposure or a nexus to service.

The Board has found that the VA examinations and opinions do not address whether any of the Veteran's other respiratory disabilities are related to service, including his asbestos exposure. The matter is therefore remanded for further clarification.

The Veteran's claim for an initial disability rating in excess of 0 percent for asbestosis (claimed as mesothelioma) was dismissed due to his death, and there is no surviving appellant.

The Board has remanded the Veteran's claims for bilateral hearing loss and restrictive lung disease with asbestosis due to insufficient evidence regarding the severity of his service-connected respiratory disability.

The Board has remanded the case due to insufficient medical opinion regarding whether the Veteran's sleep apnea is aggravated by his service-connected asbestosis with pleural plaques.