Asbestosis decisions — 2022

The Board denied the Veteran's claims for service connection for asbestosis and/or asbestos exposure with pleural plaques, COPD, and asthma. The evidence did not support a finding that these conditions began during service or were related to inservice asbestos exposure and contaminated water at Camp Lejeune.,Specifically, VA medical opinions concluded that the Veteran's current conditions are more likely due to his occupational exposure to asbestos over 40 years post-service.

The Board has remanded the claims for service connection due to insufficient medical opinions regarding the Veteran's exposure to asbestos in service and its relationship to his current respiratory disorder, asbestosis, COPD, left side/left lung area pain, and hypertension.

The Board has remanded the Veteran's claims for asbestos exposure, hearing loss, tinnitus, and an acquired psychiatric disorder due to a lack of sufficient information in the record.

The Veteran's pulmonary asbestosis required outpatient oxygen therapy from December 9, 2019, and a 100% rating was granted effective August 10, 2020.

The Board has granted a 100 percent rating for the Veteran's asbestosis and COPD, including his pulmonary hypertension, throughout the appellate period.

The Board has remanded the case due to inadequate VA examination, and a new one must be conducted.

The Board has determined that the Veteran's claim for service connection of asbestosis should be remanded due to procedural errors and the need for a new VA examination.

The Veteran's service connection claim for COPD is granted as his symptoms are indistinguishable from those of his service-connected pulmonary fibrosis with asbestosis.,An initial rating in excess of 70 percent for PTSD with dementia prior to March 18, 2022, is denied due to the Veteran's symptoms not meeting the criteria for a higher disability rating.

The Board has determined that the initial grant of service connection for asbestosis was not based on clear and unmistakable error, but a recharacterization to pleural effusion without evidence of asbestosis led to a reduction in rating. The Veteran's original 30% rating is restored.

The Board has determined that the Veteran is unable to secure or follow a substantially gainful occupation due to his service-connected psychiatric disability, and therefore grants TDIU with a rating of 70% for depressive disorder.

The Board has determined that the Veteran's pulmonary disability, including interstitial lung disease, COPD, and asbestosis, had its onset in or is otherwise related to military service. As a result, the appeal for service connection is granted.

The Board denied the Veteran's claim for service connection for a respiratory disorder, including asbestosis, COPD, and asthma, due to insufficient evidence linking these conditions to his military service.

The Veteran's pulmonary fibrosis with asbestosis is granted a 100 percent disability rating, effective from September 3, 2019. The TDIU claim is remanded.

The Board has granted service connection for asbestosis, but has remanded the issue of service connection for a respiratory disorder other than asbestosis.

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's respiratory condition and its connection to his service.