Asbestosis decisions — 2020

The Board denied an initial rating in excess of 10 percent for asbestosis and denied a TDIU on an extraschedular basis. The Veteran's asbestosis was rated under the General Rating Formula for Interstitial Lung Disease, but his PFT results did not meet the criteria for higher ratings.

The Board denied an initial compensable rating for bilateral hearing loss and remanded the issue of service connection for a respiratory disability. The issues have been returned to the AOJ for further development.

The Veteran's tinnitus is granted service connection as it has been continuous since service. Service connection for cardiovascular disorder, COPD, asbestosis, and bilateral hearing loss are remanded for further development.

The Board has reopened the Veteran's claim for service connection for melanoma due to herbicide exposure, but remanded the claims for respiratory disorder and asbestosis with pleural plaques. The Veteran is also being asked to provide additional evidence or medical opinions regarding his claimed conditions.

The Board denied the Veteran's claims for service connection for a lumbar spine disability, TDIU eligibility, and SMC for aid and attendance due to lack of nexus between his current disabilities and service. The evidence did not support that he required regular aid and assistance or was bedridden.

The Veteran's asbestosis with obstructive sleep apnea and COPD has been rated at 60 percent, but the Board found that his condition does not warrant a higher rating based on the evidence of record.

The Board has denied service connection for asbestosis and remanded the issues of service connection for DM, cataract condition, and increased rating for bilateral hearing loss.

The Veteran's claim for service connection for asbestosis is reopened due to the submission of new and material evidence. The case is remanded for further development, including obtaining VA medical records and SSA disability benefits records.

The Board has remanded the case due to incomplete development regarding the Veteran's exposure to asbestos during service and his current lung conditions. The RO needs to verify all periods of active duty, determine if he was exposed to asbestos, and schedule an examination for a VA clinician to assess any current lung disorders and their relation to service.

The Board has remanded the case due to conflicting opinions regarding whether the Veteran's sleep apnea is related to his service-connected asbestosis. The Veteran needs additional medical clarification on these issues.

The Board denied service connection for bilateral hearing loss and reopened the claim for service connection for chronic shortness of breath due to asbestos exposure. The Veteran's current respiratory disorder was not found to be related to service, including possible asbestos exposure.

The Veteran's claims for hepatitis C and asbestosis have been denied due to lack of new and material evidence.,Service connection has been granted for major depressive disorder secondary to service-connected acne vulgaris.

The Veteran's COPD and asbestosis were granted a disability evaluation of 30 percent from October 30, 2007, to October 7, 2008.

The Board has granted SMC based on the need for aid and attendance due to service-connected disabilities. The case is remanded for a determination of an earlier effective date for the grant of service connection for squamous cell lung cancer with asbestosis.

The Veteran's appeal for service connection for chronic bronchitis/asbestosis has been dismissed as the Veteran withdrew his appeal.