Asbestosis decisions — 2021

The claim to reopen the service connection for the cause of the Veteran's death was denied because there is no new and material evidence showing a link between the Veteran's death and service or a service-connected disability.

The Veteran's petition to reopen the claim of service connection for headaches, secondary to his service-connected anxiety disorder NOS with features of PTSD, was granted. The appeal for service connection for asbestosis and petitions to reopen claims for tinnitus, squamous cell carcinoma of the right base of the tongue, and traumatic brain injury (TBI) were dismissed.

The Board has determined that the Veteran's tinnitus is at least as likely as not related to his active duty service. The cases of respiratory condition, right ear hearing loss, left ear hearing loss, and residuals stab wound, left forearm are all remanded for further development.

The Board has remanded the case due to insufficient medical opinions provided by VA in previous examinations, and a new examination is required.

The Board has decided to remand the case due to new evidence being added to the claims file, and a Supplemental Statement of the Case (SSOC) needs to be issued.

The Board denied service connection for a pulmonary disorder, including as a result of asbestos and beryllium exposure.,The Board also denied service connection for hypoxic and hypercapnic respiratory failure, including as a result of asbestos and beryllium exposure.,Service connection was further denied for a total abdominal colectomy with ileostomy, including as a result of asbestos and beryllium exposure.

The Veteran's death was caused by malignant mesothelioma, which the VA examiner found to be at least as likely as not a result of his in-service asbestos exposure.,Service connection for the cause of the Veteran's death is granted.

The Veteran's claims for service connection for left leg disability and hypertension have been remanded due to the need for additional medical opinions.

The Veteran's service connection claims for interstitial lung disease, asbestosis, emphysema, COPD, and pulmonary fibrosis with lung nodules have been denied. The Board found that the preponderance of evidence is against finding a relationship between these conditions and service.

The Veteran's appeal for hypertension has been withdrawn. The Board has remanded the issue of service connection for asbestosis due to insufficient evidence.

The Board has remanded the case due to inadequate compliance with previous remand directives and for obtaining a medical addendum opinion on the etiology of the Veteran's lung disorder, including whether it is at least as likely as not caused by asbestos exposure in service or aggravated by his service-connected atrial fibrillation.

The Board has determined that the Veteran does not have a current liver disability and therefore denied service connection for this condition. The issues of entitlement to increased ratings for asbestosis and residual scar, status-post removal of a pilonidal cyst are remanded for further development.

The Board has remanded the claims for hypertension, vision loss, sore throat, left knee disorder, and right knee disorder due to lack of evidence supporting service connection. The original denial of asbestos exposure, diabetes mellitus, type II, and low back disorder was not reopened as new and material evidence was not provided.

The Veteran's appeal for an increased rating for asbestosis related lung disease has been dismissed due to his death. The Board does not have jurisdiction to proceed with the case.

Service connection for COPD is granted.,Service connection for a genitourinary disability, other than a prostate disability, erectile dysfunction (ED), retrograde ejaculation, or a voiding dysfunction, and to include as secondary to a transurethral resection of the prostate (TURP) is denied. Service connection for a prostate disability, other than a voiding dysfunction and ED, to include as secondary to a TURP, is remanded.