Asbestosis decisions — 2019

The Veteran's lung disorder due to asbestos exposure is granted, but his insomnia disorder with difficulty maintaining sleep and unspecified neurocognitive disorder are denied.

The Board has remanded the case due to inadequate medical opinions regarding the Veteran's lung disabilities, specifically COPD and asbestosis. The VA must provide a new opinion addressing whether the Veteran's preexisting asthma was aggravated by service and whether his diagnosis of COPD during the appeal period is related to service exposure to asbestos.

The Veteran's service-connected asbestosis does not render him unable to work, and his claim for a total disability rating based on individual unemployability (TDIU) is denied.

The Veteran's PTSD with unspecified depressive disorder is rated at 70 percent effective from November 18, 2008. He also has a separate 10 percent rating for asbestosis. The Board granted a TDIU based on his service-connected disabilities.

The Board has denied a higher rating for the Veteran's service-connected asbestosis and has remanded the case to consider entitlement to TDIU on an extraschedular basis.

The Veteran's claim for service connection for asbestosis/pleural plaques and COPD has been reopened, but the appeal is still pending due to further evidence needed. The Board has ordered additional medical records and an addendum opinion from a pulmonary specialist.

The Board has decided to remand the case due to inadequate medical examinations and missing VA records. The Veteran's service connection claim for asbestosis is being reviewed again.

The Board has decided that the Veteran's claims for service connection for blood clot to the lungs and breathing problems related to asbestos exposure (including COPD) need further clarification due to insufficient medical opinions.

The Board has granted service connection for asbestosis, finding that the Veteran's current respiratory disease is at least as likely as not caused by asbestos exposure during his active duty service. The claim was reopened due to new evidence submitted since the last final denial.

The Veteran's claims for service connection were remanded due to new evidence submitted after the previous decisions. The right ankle and knee disabilities are denied as they did not manifest during or within one year of service, and there is no credible evidence linking them to service.

The Board has granted service connection for tinnitus, finding that the Veteran had a current disability and exposure to noise in service. The other claims were denied as there was no evidence of a current disability or causal link to service.

The Board has granted a disability rating of 60 percent for asbestosis from October 18, 2014. Prior to this date, the Veteran's asbestosis was rated at 10 percent.

The Veteran's claims for increased ratings and TDIU are being remanded due to the receipt of a new VA medical opinion.

The Board has denied DIC benefits under 38 U.S.C. § 1318 due to the Veteran not meeting the criteria for total disability for ten years prior to death or continuously since active duty and at least five years before death. The appeal is also remanded for further review of service connection for the cause of the Veteran's death.

The Board denied the Veteran's appeal of his March and September 2014 rating decisions that denied service connection for respiratory conditions (claimed as asbestosis, chronic obstructive pulmonary disease, bronchitis, and respiratory infections) and vasovagal syncope due to the VA Form 9 substantive appeal being untimely filed.