Asbestosis decisions — 2020

The Veteran's appeal is being remanded to obtain additional information regarding possible exposure to herbicide agents and to secure a medical opinion on the nature and etiology of her service-connected conditions, including vascular disease, obstructive sleep apnea (OSA), congestive heart failure (CHF), pulmonary hypertension, arteriosclerotic vascular disease, gastroesophageal reflux disease (GERD), renal disease and/or failure, and hemosiderosis of the liver.

The Board has remanded the issues of service connection for asthma, entitlement to an initial rating in excess of 10 percent for asbestosis and chronic obstructive pulmonary disease (COPD), and entitlement to TDIU prior to October 28, 2019.

The Veteran's asbestosis and restrictive airway disease did not manifest with post-bronchodilator FVC of 64 percent or less, DLCO of 55 percent or less, or maximum exercise capacity of 15 to 20 ml/kg/min oxygen consumption with cardiorespiratory limitation to warrant a rating in excess of 10 percent. The Board found the preponderance of evidence against assigning such a rating.

The Board has remanded the cases due to the need for additional VA treatment records from 1992 to 1998.

The Board has granted the Veteran's claim for service connection for lung disorder, to include asbestosis and/or pleural plaque, due to asbestos exposure during his active duty service. The decision is based on the evidence showing that the Veteran was exposed to asbestos while in the Navy and that this exposure is etiologically related to his current lung disorder.

The Board has granted service connection for asbestosis, finding that the Veteran's exposure to asbestos during his military service is sufficient to establish a link between his current condition and his service.

The Board has decided to remand three issues related to the Veteran's claims for service connection and rating of his left knee disability. The main reasons are that a VA examination is needed to determine if the lung disability (asbestosis) and degenerative arthritis of the left knee are related to service, including exposure to asbestos. Additionally, an addendum opinion is required to address whether the Veteran's current degenerative arthritis is secondary to his service-connected Pellegrini-Steida disease.

The Board has denied the Veteran's claims for service connection for various conditions, including asbestosis and other respiratory disorders. The decision also denies his requests for increased disability ratings for certain service-connected disabilities.

The Veteran's service connection claim for a respiratory disability, including COPD and asbestosis, is granted due to the evidence being in equipoise that his exposure to asbestos during service caused his current respiratory disorder.

The Board has remanded the Veteran's claims for increased ratings for bilateral hearing loss and restrictive lung disease with asbestosis due to a lack of recent examinations and treatment records.

The Board has remanded the case due to a need for additional development, including determining if the Veteran is entitled to a presumption of exposure to herbicides and obtaining an addendum medical opinion regarding whether his COPD is causally or etiologically related to herbicide exposure.

The Veteran's service connection claims for asbestosis, bilateral hearing loss, and tinnitus have all been denied. The Board found no current diagnoses of these conditions.,There is insufficient evidence to establish a link between the Veteran’s current symptoms and his military service.

The Veteran's claims for service connection have been withdrawn. The Board has remanded the issues of entitlement to service connection for a respiratory disability, obstructive sleep apnea, and memory loss.

The Board has remanded the claims of service connection for asbestosis and a dental disability for treatment purposes due to procedural errors. The Veteran will be given another opportunity for an examination related to his asbestosis claim, and the issue of eligibility for dental treatment will be referred to VHA.

The Veteran's service-connected disabilities, including bilateral hearing loss, asbestosis, tinnitus, adenocarcinoma of the cecal colon, and bronchiectasis, render him unable to secure or follow substantially gainful employment.