Asbestosis decisions — 2020

The Board has remanded the Veteran's claims for increased rating and TDIU due to his service-connected asbestosis. The Veteran needs a VA examination to determine the current severity of his asbestosis, including pulmonary function tests.

The Board denied service connection for right lung cancer and its associated removal due to a lack of evidence showing it was incurred during or related to the Veteran's military service.

The Veteran's asbestosis and COPD were granted an initial increased evaluation of 30 percent prior to April 5, 2017. The claim for a higher evaluation since that date was denied.

The Board has restored a 60 percent disability rating for the service-connected asbestosis, effective February 1, 2019, finding that there was no actual improvement in the condition and that the Veteran's symptoms had worsened.

The Board has remanded the Veteran's claims for service connection and rating of his respiratory condition and degenerative changes of the thoracolumbar spine due to incomplete examination findings. The Veteran is asked to provide a new VA opinion regarding the nature and etiology of his respiratory disability, specifically whether it is related to passive asbestos exposure in service. A new VA examination is also needed for the back disability.

The Board has granted service connection for asbestosis and COPD, finding that the Veteran's current disabilities are at least as likely as not related to his in-service exposure to asbestos.

The Board has remanded the case for further development, including obtaining an addendum opinion to determine if the Veteran's COPD is related to his service-connected asbestosis and whether it was caused by or aggravated by his military service.

The Veteran's claims for service connection of GERD and TDIU are being remanded due to the need for additional medical opinions regarding the relationship between his service-connected pulmonary condition and his GERD.

The Board has decided to remand the case due to failure to obtain full PFT results and outstanding treatment records, and to schedule a new VA examination.

The Board has remanded the case due to insufficient information regarding the Veteran's exposure to asbestos during service and post-service, requiring an addendum opinion from a VA examiner.

The Board has remanded the claims for service connection for asbestosis, diabetes mellitus type II, and a skin condition due to inadequate reasons or bases in the May 2017 decision. The Veteran's private treatment records indicate diagnoses of asbestosis, but the VA examiner did not address these records directly.

The Board has denied the claim for service connection for the cause of the Veteran's death, finding that his stroke was not caused by or related to his service-connected asbestosis and fracture of the right maxilla.

The Board denied service connection for mesothelioma and asbestosis, finding no current diagnosis of these conditions.

The Board has withdrawn the Veteran's claim for service connection for asbestosis and remanded his claims for diabetes mellitus and an acquired psychiatric disorder. The case is being returned to VA for further development.

The Board has found the VA medical opinion inadequate and remands the case for further development, including obtaining a new VA medical opinion.