Asbestosis decisions — 2019

The Veteran's claim for service connection for asbestosis was denied because there is no current diagnosis of the condition.,For bilateral hearing loss, a rating in excess of 40 percent prior to August 31, 2016 and above 70 percent after that date were also denied.

The Board has remanded the case due to incomplete medical records and requests for additional information.

The Board dismissed the Veteran's appeals for service connection for coronary artery disease, asbestosis, mesothelioma, frostbite in both right and left toes due to the Veteran's withdrawal of his appeal.

The Veteran's appeals for vision problems, exposure to mustard gas, exposure to asbestos, and sleeping problems have been withdrawn and are dismissed. For the period prior to April 2, 2019, a disability rating of 10 percent has been granted for his left foot disability.

The Board denied service connection for a chronic respiratory disorder, including asbestosis, finding that the Veteran does not have a current diagnosis of asbestosis or any other chronic respiratory disorder at any time during the pendency of his claim.

The Board denied the Veteran's claim for service connection for a respiratory condition, including COPD and claimed as wheezing and asbestosis, finding that there was no evidence to support a link between his current respiratory condition and his military service.

The Board has remanded the claims of service connection for asbestosis, pulmonary hypertension, and COPD due to inadequate efforts in verifying the Veteran's claimed in-service asbestos exposure. The VA examiner is required to review the file and provide an opinion on whether these conditions are etiologically related to any aspect of active duty service.

The Board has granted service connection for obstructive sleep apnea, but denied service connection for asbestosis.

The Board has granted service connection for asbestosis, tinnitus, and denied service connection for bilateral hearing loss. The Veteran's asbestosis is presumed to be related to in-service asbestos exposure. His tinnitus is presumed to have started during service. Bilateral hearing loss was not shown within one year of service and the preponderance of evidence does not support a finding that it began or was caused by service.

The Board has determined that the VA examiner's opinion is inadequate and remands the case for another examination to determine if the Veteran has a current diagnosis of asbestosis or other respiratory/pulmonary disability, and whether it is at least as likely as not related to service.

The Board has decided that the Veteran's respiratory disorders, including asbestosis and Mycotic Lung Disease, may be related to service exposure to asbestos. However, due to conflicting medical opinions, a new examination is needed to clarify the etiology of these conditions.

The Veteran's asbestosis is currently rated at 60 percent, and the evidence does not support a higher rating.

The Board has remanded the cases for further development due to new evidence received after the last Supplemental Statement of the Case (SSOC).

The Veteran's claim for service connection for granulomatous disease, claimed as right-side lobectomy due to asbestos exposure is granted.,Service connection is denied for sleep apnea and the issue of service connection for a respiratory disorder, including COPD, emphysema, interstitial lung disease, and asbestosis, is remanded.

The Veteran's claims for bilateral hearing loss, tinnitus, and a respiratory disease due to asbestos exposure are remanded for further development.