Asbestosis Board decisions

The Veteran's asbestosis has not been manifested by forced vital capacity (FVC) of 80 percent predicted or less or Diffusion Capacity of the Lung to Carbon Monoxide by the Single Breath Method (DLCO) (SB) of 80 percent predicted, and thus does not meet the criteria for an initial compensable rating.

The Veteran's current pulmonary disorders are not shown to be related to his service or asbestos exposure, and the VA examiner did not find evidence of asbestosis. The Veteran's COPD is considered a direct result of his service-connected sinusitis and rhinitis.

The Board has determined that additional development is needed to address the Veteran's claims, including obtaining VA and SSA records, scheduling a psychiatric examination, and providing an opinion on the etiology of various conditions.

The Board has remanded the case to the AOJ for further development, including obtaining VA treatment records and scheduling a VA examination. The Veteran's claim will be readjudicated after these actions.

The Board has found that the Veteran's rheumatoid arthritis is etiologically related to his active duty service. The claims for COPD and asbestosis are remanded due to lack of a VA examination.

The Veteran's disability picture most nearly approximates the criteria for a 30 percent disability rating, and the Board has granted an increased rating of 30 percent effective May 16, 2014.

The Veteran's claim for service connection for COPD is being remanded due to the need for further medical opinion regarding whether his COPD was aggravated by his service-connected lung disability.

The Board found that the Veteran's asbestosis did not meet the criteria for a compensable rating, and thus denied his claim.

The Board has determined that the Veteran's pulmonary disorder, including asbestosis, is not related to service and has denied his claim for service connection.

The Veteran's asbestos lung disease has not resulted in the required criteria for a higher rating under the applicable diagnostic codes. His disability remains at 30 percent.

The Veteran's fibrosis due to asbestos exposure is rated at 30 percent, effective from December 22, 2011. The Veteran's COPD is not service-connected and does not affect his rating for fibrosis.

The Veteran's service connection claim for pulmonary asbestosis is granted. The claim for a respiratory disorder other than pulmonary asbestosis is denied.

The Board finds that the Veteran has a current diagnosis of asbestosis and was exposed to asbestos during service, creating a reasonable doubt in favor of the Veteran. Therefore, the claim for service connection for asbestosis is granted.

The Board has determined that the Veteran's lung condition, including asbestosis and COPD, is not related to service. There is no objective evidence of asbestos exposure in service or a current diagnosis of an asbestos-related disability.

The Veteran's asbestos related lung disease has not been rated higher than 30 percent prior to November 3, 2010.,From November 3, 2010 to September 17, 2013, the Veteran is entitled to a rating of at least 30 percent for his asbestos related lung disease.

The Veteran's asbestosis is rated at a disability rating of 60 percent, but no higher.

The Veteran's claims for increased ratings and TDIU have been remanded due to the need for clarification of medical evidence, consideration of potentially favorable evidence, and development of a VA examination.

The Board has determined that the Veteran does not have a current respiratory disorder related to his period of service, including exposure to asbestos. The Veteran's current conditions are attributed to smoking and other unrelated factors.

The Veteran's asbestosis with pulmonary fibrosis was first diagnosed on August 19, 2014. The Board has granted service connection for this condition and set the effective date at August 19, 2014.

The Board has denied reopening of the claims for service connection for asbestosis and lung disease other than asbestosis (COPD). The Veteran's claim for asbestosis was reopened, but his claim for COPD remains denied.