Asbestosis Board decisions

The Board denied higher initial ratings for bilateral hearing loss and remanded the issues of an increased rating for asbestosis and service connection for bilateral cataracts.

The Board denied a rating in excess of 60 percent for COPD related to asbestosis, for the period on appeal from May 5, 2010, to May 2, 2016.

The Board denied the veteran's claims for earlier effective dates and increased ratings, as well as service connection for various conditions.

The Board dismissed the claims for service connection for various conditions due to untimeliness of the Veteran's VA Form 10182 or as moot, and remanded the claim for diabetes mellitus type II.

The Board denied a disability rating in excess of 10 percent for the Veteran's service-connected COPD with asbestosis based on the evidence showing that his condition does not meet the criteria for a higher rating.

The Board remands the claim for service connection for residuals of bilateral lung transplant, claimed as a result of asbestosis, due to incomplete development and the need for additional evidence.

The appeal was denied a higher rating for asbestosis with COPD, but granted a TDIU on an extraschedular basis effective July 1, 2014.

The Board denied increased ratings for diabetes mellitus, diabetic retinopathy, ischemic heart disease, and depressive disorder, but granted special monthly compensation from May 23, 2017.

The appeal as to the proposal to sever service connection for COPD with asbestosis was dismissed because it was premature and there was no final decision subject to appellate review.

The Board granted service connection for major depressive disorder (MDD) as secondary to the Veteran's service-connected colon cancer. The claims for asbestosis, headaches, right foot pain, right hand pain, and stomach rash were remanded for further development.

The Board remands all claims for service connection due to the need for additional development, including obtaining VA examinations and TERA opinions.

The Board denied service connection for prostate cancer and an initial compensable rating for bilateral hearing loss, while remanding claims for a respiratory condition other than asbestosis and an increased rating for asbestosis.

The Board granted a 100 percent rating for the Veteran's asbestosis based on DLCO (SB) of 39-percent predicted, which meets the criteria under DC 6833.

The appeal for an earlier effective date for the award of a 100 percent disability rating for service-connected COPD with asbestosis was dismissed.

The Board denied the Veteran's claims for an initial compensable rating for squamous cell carcinoma, right tonsil with asbestosis and extraction of teeth numbers 1, 3, 14, 16, 17, 18 and 30.

The Board denied the veteran's claims for increased ratings and service connection, finding that the evidence did not support a higher rating for tinnitus or a compensable rating for bilateral hearing loss. The claim for an acquired psychiatric disability was also denied as there was no current diagnosis of PTSD or other mental health condition.

The Board dismissed several claims for service connection and a higher rating, including those for hypothyroidism, right achilles tendon strain, tinnitus, and erectile dysfunction.

The Board granted service connection for bilateral hearing loss, but remanded the claims for hypertension, a respiratory condition, arthritis, and an acquired psychiatric disorder due to further development needed.

The appeal for service connection for chronic fatigue syndrome, sleep disturbance, and compensation under 38 U.S.C. § 1151 for cervical spine nerve damage to include residual surgical scars was dismissed due to a procedural defect in the notice of disagreement. The claim for asbestosis was denied due to lack of evidence supporting a current disability.

The Board granted service connection for atrial fibrillation and hypothyroidism, but denied a compensable disability rating for hypertension. The Board also granted a 60 percent disability rating for asbestos related pleural disease with pleural effusion, parenchymal disease, and COPD.