Asbestosis decisions — 2020

The Veteran's asbestosis with scattered pleural plaques is rated at 30 percent, effective from November 17, 2010. The claim for a total disability individual unemployability (TDIU) rating was denied.

The Board denied the Veteran's claim for service connection for a respiratory disability, including interstitial pulmonary fibrosis and asbestosis, due to in-service asbestos exposure. The evidence did not support a relationship between his current respiratory disability and active service.

The Board has denied service connection for asbestosis and PTSD. The case is being remanded to verify the Veteran's claimed stressor related to his time aboard the U.S.S. John F. Kennedy.

The Veteran's appeal was dismissed because he did not file a timely VA Form 10182 within the required timeframe.

The Veteran's service-connected lung disability (asbestosis) has been rated at 60 percent since February 12, 2001. The Board finds that the evidence does not support a higher rating in excess of 60 percent for his asbestosis during any part of the appeal period.

The Board has remanded the Veteran's claim for a respiratory disorder secondary to asbestos exposure due to inadequate examinations and opinions. The case will be returned for further evaluation.

The Board has remanded the Veteran's claims for service connection and compensation under 38 U.S.C. § 1151 due to inadequate medical opinions regarding the etiology of his respiratory disorders and Parkinson’s disease, as well as a lack of VA examination records.

The Board denied the Veteran's claim for an initial rating in excess of 10 percent for asbestosis, finding that his PFT results did not meet the criteria for a higher evaluation.

The Veteran's claims of entitlement to increased ratings for asbestos related pleural plaques and hallux valgus are being remanded due to the need for additional medical examinations and records.

The Veteran's claims for service connection for asthma, asbestosis, COPD, OSA, and liver cancer due to asbestos exposure have been denied. The Board has also remanded the cases for additional development.

The Board has denied the Veteran's claims for service connection for a kidney condition, food poisoning, and breathing problems due to asbestos exposure as there is no medical evidence of current disabilities related to these conditions.

The Board denied the Veteran's claim for service connection for an asbestos related lung condition, including bilateral calcified pleural plaques due to exposure to asbestos in service. The VA examiner found no positive nexus between the Veteran’s bilateral calcified pleural plaques and his in-service exposure to asbestos.

The Board dismissed the appeal for service connection for an acquired psychiatric disorder as secondary to asbestos-related pleural disease due to the Veteran's withdrawal of his claim. The appeals for service connection for GERD and a respiratory condition, including asbestos-related pleural disease, are remanded.

The Board has determined that additional evidence is needed to properly adjudicate the claims for service connection for mesothelioma and cause of death. The VA examiner found no direct link between the Veteran's in-service asbestos exposure and his mesothelioma or asbestosis, which was listed on his death certificate.

The Veteran withdrew his appeals for service connection for osteoarthritis, lower limbs and degenerative disc disease, cervical spine condition with radiculopathy. The remaining claims for asbestosis, pulmonary arterial hypertension, pulmonary fibrosis, and TDIU are remanded for further development.