Asbestosis — all decisions

The Veteran's asbestosis with COPD, along with other service-connected conditions, has been granted a 100% rating effective August 15, 2018. The decision also grants special monthly compensation (SMC) under 38 U.S.C. § 1114(s).

The Veteran's appeal of the petition to reopen previously denied claims for service connection and entitlement to an effective date prior to May 21, 2018, for award of increase rating to 70 percent for PTSD is dismissed.,The Board has remanded the issues of entitlement to a rating in excess of 70 percent prior to November 1, 2023, for PTSD and entitlement to TDIU prior to November 1, 2023.

The Board denied service connection for a respiratory disability, including claimed asbestosis, and sleep apnea. The Veteran's lay assertions were not supported by medical evidence or clinical findings during service.

The Board has decided to remand the case due to insufficient medical evidence on the severity of the Veteran's pulmonary asbestosis during the period from May 27, 2005, to May 9, 2012. The VA examiner's opinion is inadequate and a new retrospective medical opinion is needed.

The Board denied the Veteran's claims for service connection and increased rating for various conditions, including bilateral hearing loss, tinnitus, traumatic brain injury, lung condition due to asbestos exposure, and non-prostrating posttraumatic headaches. The reasons given were that there was no evidence of a nexus between these conditions and service.

The Board has remanded the issues of service connection for head injury, head scar, low back disability, and acquired psychiatric disability due to new evidence submitted since the last final denial in June 2013. The claims are being reopened but not decided on their merits.

The Board has determined that the Veteran's lung condition due to asbestos exposure, bilateral hearing loss condition, lumbar laminectomy and discectomy, sleep apnea, and irritable bowel syndrome are not service-connected. The cases have been remanded for further development.

The Board has remanded the Veteran's claims for service connection for COPD, lung cancer, sinusitis, allergic rhinitis, gastroenteritis, rubella, and vertigo, dizziness, and lightheadedness as secondary to hearing loss and/or tinnitus due to possible exposure to asbestos and lead paint particulates during his military service. The claims are remanded for further development including obtaining medical opinions.

Service connection for malaria is denied. The Veteran's claim has been reopened, but service connection cannot be established as there was no evidence of a current disability during or within one year after service.,Service connection for chronic kidney disease is granted. The Veteran's current diagnosis is linked to herbicide agent exposure during service.,Service connection for the heart disability of atherosclerosis of the aorta is granted. The Veteran has been exposed to herbicide agents and there is a strong nexus between his condition and this exposure.,Service connection for hyperlipidemia is denied. There is no evidence linking this condition to service or any other factor.,Service connection for asbestosis is denied. There is no evidence of current disability, and the Veteran has not provided sufficient evidence to establish a link with service.,Service connection for chronic constipation (IBS) is denied. The Veteran's claim cannot be substantiated based on the available evidence.,Service connection for gastroesophageal reflux disease (GERD) is denied. There is no evidence linking this condition to service or any other factor.,Service connection for cataract of the left eye is denied. There is no evidence linking this condition to service or any other factor.,Service connection for myasthenia gravis and double vision is granted. The Veteran has been exposed to herbicide agents, which may be linked to his current condition.

The Board denied service connection for bilateral hearing loss and remanded the claims for a back disability, right knee disability, and pulmonary disorder claimed as secondary to asbestos exposure due to inadequate medical opinions.

The Veteran's bilateral hearing loss is related to his military service and has been granted.,The Veteran's respiratory condition, including shortness of breath, coughing, and chest pain (claimed as related to asbestos), is related to his military service and remains pending for further review.

The Veteran's right ear hearing loss is granted as service-connected.,For the period prior to April 6, 2018, an initial compensable evaluation for asbestos induced pleural plaques was denied.

The appeal for service connection for bilateral upper extremity radiculopathy was dismissed, while the claim for a cervical spine disability was granted. Other claims were remanded for further development.

The Board has remanded two issues related to the Veteran's asbestos-related pleural disease: an initial rating higher than 10 percent and entitlement to a TDIU. The Veteran is required to provide additional information about his employment history and annual salary, and he must undergo a VA examination.

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's exposure to asbestos during service and the etiology of his asbestosis. The AOJ is instructed to obtain an addendum medical opinion from a VA examiner.