Asbestosis Board decisions

The Board denied the Veteran's claim for service connection for a respiratory disorder, including asbestosis, COPD, and bronchiectasis, finding that there was no evidence of asbestosis in his medical records. The Board also found that the Veteran’s current lung conditions were not caused by asbestos exposure during service.

The Board denied the Veteran's claim for service connection for a lung disorder, including as related to exposure to asbestos. The most probative evidence did not reach the level of equipoise in finding that any of the Veteran’s current lung disorders had onset during or are etiologically related to military service, to include exposure to asbestos.

The Veteran's claims for service connection for diabetes mellitus, type II; hypertension; and a respiratory disorder are remanded due to conflicting medical opinions regarding the presence of these conditions. The RO must obtain updated VA and private treatment records and schedule examinations to determine if the Veteran has current diagnoses of these conditions.

The Veteran's appeals were dismissed due to his death. The lung condition and right hip condition claims are dismissed, as is the petition to reopen the right hip condition claim.

The Board has dismissed the appeal as the Veteran died during the pendency of the appeal and thus, the Board does not have jurisdiction to adjudicate the merits of the service connection claims.

The Board has remanded the case due to insufficient development of evidence regarding the Veteran's exposure to asbestos during service and its relationship to his cause of death. The appellant is asked to provide information about her husband’s asbestos exposure, and a VA clinician will be requested to review the claims file and provide an opinion on whether the Veteran's exposure to asbestos resulted in a disability that caused or contributed to his death.

The appeal for a 10 percent evaluation based on multiple, noncompensable service-connected disabilities is dismissed. The appeals for initial compensable evaluations for bilateral hearing loss and pleural plaques (claimed as asbestosis) are remanded.

The Veteran's asbestosis is currently rated at 10 percent, but the evidence does not meet the criteria for a higher rating based on lung function tests or other diagnostic criteria.

The Veteran's calcified pleural plaques, residuals of asbestos exposure have been rated at 10 percent since June 27, 2012. The Board has determined that the disability does not warrant a higher rating based on the current evidence.

The Board has decided that the Veteran's claims for service connection for PTSD and a respiratory disorder due to asbestos exposure should be remanded for further development.

Service connection is granted for degenerative disease of the lumbar and thoracic spine, which is linked to the Veteran's service in airborne operations and special forces.,Service connection is also granted for lung pathology including lung cancer and parenchymal/interstitial lung disease, which are associated with asbestos exposure during service.

The Board has decided to remand the case due to insufficient medical evidence regarding the Veteran's spirometry results, and requests clarification from Dr. D.M. or another VA examiner.

The Board has decided to remand the case due to a lack of a VA examination for asbestosis, and the need to determine if it is related to service.

The Board has decided to remand the case due to inadequate VA opinions and the need for a new opinion from an appropriate clinician with experience in asbestos-related claims.

The Veteran's claim for a TDIU on an extraschedular basis was denied because the evidence did not show that his service-connected disabilities rendered him unable to secure or follow substantially gainful employment.

The Board has determined that the Veteran's service-connected asbestosis with pleural plaques contributed to his death from carcinoma of the liver, granting service connection for cause of death.

The Veteran's asbestosis, asthma, and COPD are not currently manifested by the required criteria for a higher rating. The Board has remanded this issue due to conflicting medical opinions regarding the need for outpatient oxygen therapy.

The Veteran's asbestosis is rated at the maximum level of 100 percent from January 3, 2011 to March 15, 2016 and from March 20, 2018 to April 10, 2019.

The Board has decided that the service connection for a pulmonary disability, including COPD and asbestosis, needs further clarification due to conflicting diagnoses. The Veteran's smoking history is established but the role of asbestos exposure in his COPD development or severity remains unclear.

The Board has decided to remand the Veteran's claims for a low back condition and asbestosis with pleural plaques due to the need for additional examinations and testing. The Veteran is seeking service connection for his low back condition, which he attributes to an in-service injury, and a compensable rating for his asbestosis with pleural plaques.