Asbestosis decisions — 2020

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to his service-connected asbestosis, finding that it did not render him unable to obtain and maintain substantially gainful employment.

The Veteran's respiratory disability, including COPD and asbestosis, is being remanded for further evaluation due to the need for a pulmonary specialist opinion regarding presumed asbestos exposure during service.

The Board denied the Veteran's claims for service connection for a pulmonary disorder and an initial compensable rating for bilateral hearing loss, finding that there was no evidence linking his current conditions to his military service.

The Board has granted service connection for asbestosis, finding that the current diagnosis is related to exposure during active service. The decision resolves reasonable doubt in favor of the Veteran.

The Board has granted service connection for atrial fibrillation as secondary to the service-connected obstructive sleep apnea. The lung disorder (including COPD and asbestosis) is remanded for further examination and opinion.

The Board has remanded the case due to conflicting medical opinions regarding the relationship between the Veteran's asbestosis and his service. The VA respiratory examination is required to reconcile these opinions.

The Board has remanded the claims for bilateral hearing loss, right hip disorder, respiratory disorder (claimed due to asbestos exposure), acquired psychiatric disorder (to include major depressive disorder), insomnia, and erectile dysfunction. The Veteran's service connection claims are being returned for further development.,Additional medical opinions are needed regarding the etiology of the Veteran’s bilateral hearing loss, right hip disorder, and respiratory disorder.

The Board has granted service connection for reactive lymphadenopathy and an asbestos-related respiratory disorder, finding that the Veteran's current conditions are as likely as not related to his in-service exposure to asbestos.

The Board has granted service connection for COPD, finding that it was caused and aggravated by the Veteran's service-connected asbestosis.

The Board has decided to remand the case for further examination and opinion regarding the Veteran's claim of service connection for asbestos-related disease, including his exposure aboard the U.S.S. Lake Champlain.

The Veteran's claims for special monthly compensation based on the need for aid and attendance or being housebound, as well as a total disability rating based on individual unemployability (TDIU), are both remanded due to insufficient evidence of his need for regular aid and assistance.

The Board dismissed the appeal as it does not have jurisdiction over the issue of whether there was clear and unmistakable error in the February 1995 rating decision denying service connection for asbestos contamination, bronchitis, and emphysema.

The Board denied the Veteran's claims for service connection for an asbestos-related pleural disease and entitlement to TDIU due to his bilateral hearing loss. The preponderance of evidence did not support a finding that any current asbestos-related pleural disease was related to service, while the VA medical opinions supported this conclusion.

The Veteran's initial claim for an increased rating for asbestosis was denied. The Board found that the evidence did not show FVC or DLCO percentages sufficient to warrant a higher than 10 percent disability rating prior to March 27, 2014 and from March 27, 2014 through February 13, 2015. A 30 percent rating was assigned effective February 13, 2015.

The Board has remanded the case due to a lack of compliance with previous remand instructions regarding obtaining a medical opinion from a respiratory specialist. The Veteran's asbestosis rating is still on appeal.