Asbestosis Board decisions

The Veteran is seeking service connection for asbestosis, which he claims was caused by asbestos exposure in the Navy. The case has been remanded due to a lack of worker's compensation records and the need for a new VA examination.

The Veteran's appeal is being remanded for additional development to determine the nature and etiology of his claimed low back condition and asbestos exposure-related respiratory/lung conditions.

The Veteran's claim for a compensable disability rating for asbestosis is being remanded due to unclear information regarding the presence of COPD and conflicting medical opinions.

The Veteran was granted service connection for asbestosis with pleural plaques and restrictive pulmonary disease, which the Board found to be attributable to in-service asbestos exposure. The claimant's initial contention of mesothelioma was ruled out.

The Veteran's appeal is being remanded due to the need for additional medical examination and treatment records.

The Board denied all service connection claims, finding that the Veteran's residuals of a jaw fracture did not meet criteria for a compensable rating and his other conditions were not related to his military service.

The Veteran's claim for asbestos-related lung disease was denied in December 2007, and as the Veteran did not have any pending claims at the time of his death, there were no accrued benefits to be awarded. The appellant does not have standing to pursue a CUE claim for purposes of accrued benefits.

The Board has determined that the Veteran does not have a current diagnosis of obstructive respiratory condition, asthma, or asbestosis related to his active duty service. Therefore, the claims for these conditions are denied.

The Veteran's respiratory, heart failure and dementia conditions are not related to his active service. The Board found that the appellant did not provide sufficient evidence to establish a direct or secondary relationship between these conditions and his military service.

The Veteran's asbestosis is not productive of any functional impairment and his restrictive and obstructive defects are due to nonservice-connected COPD and congestive heart failure. As such, an initial compensable rating for asbestosis is denied.

The Veteran's claim of a higher rating for service-connected pulmonary asbestosis is being remanded due to the need for additional development, including exercise capacity testing and bronchodilator influence assessment.

The Veteran's claim for service connection for a respiratory disorder, including asthma and asbestos-related lung disease, is being remanded due to insufficient evidence to confirm the diagnosis of asbestos-related lung disease. Additional medical examination is required.

The Veteran's claims for increased ratings for asbestosis and bilateral hearing loss, and entitlement to special monthly compensation (SMC) based on need for aid and attendance or homebound status were denied. The Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities was also denied.

The Veteran's appeal is being remanded to obtain additional medical records and to schedule VA examinations for his hearing loss, tinnitus, respiratory disorder, and skin disorder claims.

The Veteran's claim for a higher rating for his service-connected asbestosis/pleural plaques in the lungs is being remanded due to concerns about the adequacy of the most recent VA examination and the need for updated treatment records.

The Veteran's asbestosis and acquired psychiatric disability are service-connected due to their relationship with his service-connected asbestosis. The subpleural pulmonary nodules are not related to service.

The Veteran's claims for a higher rating for asbestosis and TDIU are being remanded due to the need for additional development, including obtaining updated VA and private treatment records and scheduling a new VA examination.

The Veteran's claim for service connection for asbestosis is being remanded due to the need for additional development regarding his exposure and medical records.

The Veteran's service-connected disabilities meet the schedular criteria for assignment of a TDIU, and given his physical and psychological limitations, he is unable to secure and follow a substantially gainful occupation.

The Veteran withdrew his appeal regarding the claim for a compensable evaluation for asbestosis pleural disease before the Board could make a decision.