Asbestosis decisions — 2021

The Veteran's appeal for an increased rating of asbestosis has been dismissed because the Veteran requested withdrawal of his claim.

The Board has determined that the appellant's appeal for service connection for cause of the Veteran's death and nonservice-connected pension benefits must be remanded due to errors in duty to assist. The AOJ is instructed to obtain medical opinions regarding the relationship between the Veteran's fatal diseases and his active duty, including exposure to asbestos if verified.

The Veteran's asbestos pleurisy (calcified pleural plaque of the left lung) and chronic obstructive pulmonary disease are related to his active service, and service connection is granted.

The Board has remanded the Veteran's claims for service connection for a lung disorder and dermatological condition due to lack of substantial compliance with prior remand directives.

The Board has remanded the claims for service connection due to insufficient evidence regarding the Veteran's in-service exposure and its relation to his current conditions. The claims are being returned for further examination and opinion.

The Veteran's claim for service connection of asbestos was granted with an effective date of May 21, 2019. The decision is based on the filing of a new application for compensation on that day.

The Veteran's service-connected interstitial lung disease with asbestos-induced pleural plaques is manifested by a mild disability without significant effect on his total diffusing capacity, and the VA examiners have determined that this condition is primarily due to nonservice-connected emphysema.

The Veteran's claim for a rating of 60 percent from March 29, 2017 to November 25, 2019 for asbestosis has been granted. The effective date is set at the date of claim or the date entitlement arose, whichever is later.

The Board denied the Veteran's claim of service connection for asbestosis, finding that there was no evidence of in-service asbestos exposure and insufficient medical opinion to establish a nexus between his current condition and any such exposure.

The Board remands the issue of entitlement to service connection for a respiratory disability, to include COPD and/or asbestosis, due to additional development needed.

The Board remands the claim for service connection for chronic obstructive pulmonary disease, lung condition due to asbestosis exposure for an addendum medical opinion.

The Veteran's claims for an increased rating for asbestosis and TDIU are remanded due to insufficient evidence in the previous examinations.

The Board has found that the Veteran does not have service connection for diabetes mellitus, hypertension, bilateral lower hernia, right ear hearing loss, left ear hearing loss, right foot disorder, left foot disorder, skeletal arthritis, sinus disorder, COPD, headaches, right carpal tunnel syndrome, left carpal tunnel syndrome, depression, bilateral eye disorder, erectile dysfunction, or asbestosis. The Board has also found that the Veteran's service connection claims for these conditions are remanded due to outstanding in-service medical records and VA treatment records.

The Veteran's service-connected disabilities do not render him in need of regular aid and attendance or substantially confined to his dwelling due to service-connected conditions, resulting in a denial of special monthly compensation based on aid and attendance and housebound status.

The Veteran's appeal is remanded for further examinations and opinions to address the severity of his service-connected conditions, including tinnitus, asbestosis, right and left upper extremity weakness, and bilateral hearing loss. The TDIU claim is also remanded.