Asbestosis decisions — 2019

The Board has remanded the Veteran's service connection claim for a lung disability, including asbestosis and emphysema. The case is being returned to the AOJ for further examination and opinion regarding the etiology of the Veteran's lung disabilities.

The Board denied the Veteran's claim for service connection for a pulmonary condition, including asthma, pulmonary asbestosis, and COPD, due to asbestos exposure. The evidence did not establish that his current conditions were related to his military service.

The Veteran's initial noncompensable evaluation for asbestos-related pleural disease with pleural plaques is being remanded due to ambiguity in the VA medical examiner's opinion and a new statement from his treating physician.

The Board has determined that the Veteran's in-service exposure to asbestos is etiologically related to his development of asbestosis and pulmonary fibrosis, which caused his death. Therefore, service connection for cause of death is granted.

The Veteran's claim for a compensable rating for bilateral hearing loss has been denied, and the issue of service connection for asbestos-induced pleural plaque (claimed as mesothelioma/asbestosis) is remanded due to duty-to-assist errors.

The Board has remanded the claims for service connection for a pulmonary disorder and an initial compensable rating for bilateral hearing loss due to non-compliance with previous remands. The Veteran's exposure to asbestos during military service is suspected, but additional medical opinions are needed to address this claim.

The Board dismissed the Veteran's claim for an earlier effective date prior to May 31, 2017 for a 100 percent initial disability rating for asbestosis. The Veteran's appeal was also denied for seeking an increased initial disability rating in excess of 10 percent prior to May 31, 2017.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence linking his current disabilities to active service. Further development is needed, including VA examinations and obtaining additional medical records.

The Board has remanded the case due to inadequate examination in determining the severity of the Veteran's asbestosis.

The Veteran's claims for increased ratings and earlier effective dates for his service-connected asbestosis, bilateral hearing loss, and the grant of service connection for bilateral hearing loss are being remanded due to inadequate examination and outstanding treatment records.

The Veteran's claims for service connection for a right wrist condition, left knee condition, and asbestosis have been reopened. The claim for skin cancer has already been granted.,Service connection is granted for the Veteran’s asbestosis due to in-service exposure to asbestos.

The Board has decided that the Veteran does not have a current diagnosis of a chronic respiratory disability, asbestosis. The cardiovascular disability claim is remanded for further examination and opinion.

The Board has denied the Veteran's claim for service connection for a respiratory disorder, as his current diagnosed condition is not related to or caused by active service. The issue of entitlement to TDIU is remanded due to an NOD filed in March 2019 and pending resolution.

The Board has remanded the Veteran's claims of service connection for a lung disorder other than asbestosis, to include emphysema and COPD, and an initial compensable rating for his asbestosis. The reasons are that there is insufficient evidence on record regarding the relationship between the Veteran's in-service symptoms and findings and his current diagnoses, and that he should be provided with a VA examination to assess the severity of his asbestosis.

The Board has granted a 100 percent rating for pleural plaques, finding that the Veteran's service-connected condition is responsible for his need for outpatient oxygen therapy. The decision also notes that there was substantial compliance with previous remand directives.