Asbestosis decisions — 2019

The Veteran withdrew his appeal before the Board could make a decision, so the case is dismissed.

The Veteran's increased rating for migraine headaches, initial compensable rating for asbestosis, and increased rating for residuals of TBI are granted. The effective dates are November 27, 2019.

The Veteran's claim for service connection for diabetes mellitus, type II was reopened and granted. The claims for asbestosis, asthma, bilateral hearing loss, left shoulder disability, right shoulder disability, low back disability, left hip disability, right hip disability, and right knee disability were denied.

The Board has remanded the case due to non-compliance with previous directives, and a VA examination is needed to determine if the Veteran's asbestosis is related to service exposure.

The Board has determined that the Veteran's COPD and asbestosis are not related to service or asbestos exposure in service, and therefore denied his claim for service connection.

The Board has dismissed the appeal for asbestosis due to the Veteran's withdrawal. The appeals for diabetes, bilateral hearing loss, and lumbar spine DDD are remanded.

The Veteran's claim for a restoration of a 30 percent rating for asbestosis with pleural plaques and asthma, effective March 1, 2016 is granted. The claims for an increased rating and TDIU are remanded.

The Board denied the Veteran's claim for service connection for a pulmonary disorder other than asbestosis, finding that there was no evidence to support a link between his current condition and his military service.

The Board has determined that the Veteran's service-connected PTSD contributed to his death from interstitial lung disease and ischemic cardiomyopathy, granting service connection for the cause of the Veteran’s death.

The Veteran's left shoulder injury residuals are denied as there is no evidence of a current disability related to service.,Spousal aid and attendance compensation claim is denied due to the absence of a 30% or higher disability rating.

The Board has determined that the Veteran's current respiratory disorder, including asbestosis and COPD, is not related to service. The preponderance of evidence does not support a finding that his current condition was caused by in-service asbestos exposure or any other event, illness, injury, or disease.

The Veteran's service-connected asbestosis is rated at a maximum of 10% based on the most recent pulmonary function test results, which showed a DLCO (SB) of 79 percent predicted.

The Veteran meets the schedular criteria for a TDIU rating due to his service-connected disabilities, which include asbestosis, adjustment disorder with anxiety, bilateral hearing loss, tinnitus, coronary artery disease, and diabetes mellitus type II. The Board finds that he is unemployable due to these conditions.

The Board has granted service connection for lung adenocarcinoma, status post left upper lobectomy. The issue of a compensable rating for asbestosis is remanded.

The Veteran's pulmonary disability, including asbestosis, restrictive lung disease, and bilateral calcified pleural plaques, is granted due to in-service asbestos exposure.