Asbestosis decisions — 2024

The appeal for service connection for asbestosis lung cancer has been dismissed because the claim was granted in full by the VA Regional Office while the case was pending before the Board.

The Board has remanded the case due to insufficient evidence regarding the Veteran's diagnoses and their relationship to service, particularly his in-service asbestos exposure. Additional medical opinions are needed to clarify current diagnoses and address nexus theories.

The Board has remanded the Veteran's claims for service connection for asbestosis and obstructive sleep apnea due to exposure to toxins during military service, including asbestos, fuel, oil, and other chemicals. The VA is required to obtain medical opinions addressing the relationship between these conditions and the Veteran's in-service exposures under the PACT Act.

The Board granted an initial 60 percent rating for asbestos-related bilateral calcified pleural plaques based on the Veteran's FVC of 64 percent predicted.

The Veteran's appeal is being remanded due to the need for additional evidence and medical opinions regarding his obstructive sleep apnea with residuals of asbestosis, including information from an asbestosis-related lawsuit and details about his employment.

The Veteran's claims for service connection on multiple conditions were denied in the April 2020 rating decision. The Board is denying these claims based on finality of the decision and lack of new evidence or arguments.

The Board has remanded both issues due to duty-to-assist errors, including the need for SSA disability records and Appellant's medical records.

The Board has granted service connection for residuals of a crush injury to the left index finger. The remaining issues regarding heart condition, prostate cancer, testicular cancer, and melanoma are remanded due to insufficient evidence.

The Veteran's asbestosis claim was denied for a compensable rating from October 22, 2018 to December 12, 2023. A 30% rating is granted beginning December 12, 2023. Service connection for an allergy disability secondary to the service-connected asbestosis is denied.

The Veteran's asthma is granted service connection, but the claim for asbestosis remains pending due to lack of a clear and unmistakable evidence (CUE) that he does not have the condition.

The appeal for service connection for sleep apnea was dismissed due to the October 2023 rating decision deferring action on the claim, making it unappealable.

The Board remands the appeal for an addendum opinion regarding the service-connected asbestosis, specifically addressing why a DLCO test was not performed.

The Veteran's appeal is being remanded for further consideration of his claims, including the entitlement to a TDIU on an extraschedular basis prior to April 27, 2014 and an earlier effective date for establishment of basic eligibility for Dependents' Educational Assistance (DEA).

The Board remands the case to ensure compliance with prior remand instructions, specifically obtaining a high resolution CT scan and an addendum medical opinion.

The Board remands the claim for a new VA examination to determine the current severity of the Veteran's obstructive sleep apnea and asbestos-related lung disease, as the previous examination was found inadequate.