Asbestosis Board decisions

The Board denied the veteran's claims for an initial compensable rating for chronic epididymitis of the testicles, service connection for chronic obstructive pulmonary disease due to asbestos exposure, and a total disability rating based on individual unemployability.

The appeal was dismissed due to the Veteran's death while it was pending.

The Board remands the Veteran's claim for service connection for a respiratory disorder, to include pulmonary hypertension, asbestosis, pleural plaques, and obstructive and restrictive lung diseases, due to inadequate VA examination and opinion.

The Board denied service connection for gallstones, left eye disability, right eye disability, sinusitis, asbestos exposure, GERD, back disability, neck disability, and right ear hearing loss. The claims for left ear hearing loss, hypertension, and obstructive sleep apnea were remanded.

The Board remands the claim for service connection of the Veteran's cause of death due to COPD and lung cancer caused by pulmonary asbestosis, to obtain a new medical opinion regarding the etiology of the Veteran's condition.

The Board granted a 30 percent evaluation for sinus neoplasm residuals and TDIU, but remanded the claims for service connection for GERD and dysphagia.

The Board granted service connection for cervical strain residuals and remanded the claims for recurrent facial injury residuals to include laceration residuals, bilateral hearing loss, and a recurrent pancreas disability.

The Board remands the claim for an increased rating as the most recent VA examination is inadequate and a supplemental medical opinion is needed.

The Veteran's service-connected tension headaches and COPD with asbestosis rendered him unable to obtain and maintain substantially gainful employment as of December 13, 2012.

The Board denied the Veteran's claim for service connection for lung condition, to include asthma, COPD, emphysema, asbestosis, and mesothelioma.

The Board remands the claims for service connection for asbestosis and chronic obstructive pulmonary disease (COPD) due to inadequate medical opinions regarding the relationship between these conditions and the Veteran's military service, including potential asbestos exposure.

The Veteran's asbestosis with pleural effusions was denied a rating in excess of 30 percent prior to May 13, 2013, but granted a 60 percent rating from that date forward. A higher rating was also denied thereafter.

The Board remands the claim for a recurrent pulmonary disability to ensure that there is a complete record upon which to decide the claim, including obtaining a thorough and contemporaneous medical examination.

The Board remands the case for corrective action regarding a pre-decisional duty to assist error in providing notice of the right to a hearing prior to issuance of the AOJ's initial decision.

The Board granted a rating of 20 percent for dry eye syndrome, conjunctivitis, and pingueculae but remanded the claim for service connection for a lung condition due to potential exposure to burn pits.

The Board denied the Veteran's claim for an earlier effective date for the evaluation of asbestos related pleural plaques, as there is no evidence that the criteria for a higher rating were met prior to August 24, 2022.

The Board denied service connection for a respiratory disability, claimed as asbestosis, based on the lack of evidence showing the Veteran had such a condition during or approximate to the pendency of his claim.

The Board granted initial ratings of 70 percent for right hand essential tremors, 60 percent for left hand essential tremors, and 30 percent for asbestosis with pulmonary nodule. It denied a rating higher than 30 percent for asbestosis, a compensable rating for bilateral hearing loss, and remanded issues related to atrial fibrillation, coronary artery disease, and increased ratings.

The Board granted service connection for several conditions, including diabetes mellitus and peripheral neuropathy, but denied increased ratings for intervertebral disc syndrome and other conditions.

The Board remands the claims for service connection and special monthly compensation due to inadequate medical opinions and failure to provide proper notice for scheduled examinations.