Asbestosis decisions — 2020

The Board has decided to remand the case due to a lack of adequate medical opinion regarding the etiology of the Veteran's respiratory disorder, specifically asbestosis. The VA examiner's opinion was found to be speculative and not based on evidence or rationale.

The Board denied service connection for a pulmonary disability, as well as the Veteran's claims for an effective date prior to October 11, 2016 and an increased rating for radiculopathy of the right lower extremity.

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's service connection for asbestosis. The Veteran served in the Navy and claims exposure to asbestos, which may have caused his COPD and asbestosis.

The Board denied service connection for asbestosis due to a lack of evidence showing current asbestosis and the absence of an etiological link.,Service connection is remanded for COPD, with a need for clarification on whether the Veteran was exposed to asbestos during active duty. The claim remains pending.

The Veteran's son, S.M., is granted status as a dependent with the Appellant’s award of dependency and indemnity compensation (DIC) benefits based on his status as the helpless child of the Veteran.

The Board has granted an earlier effective date of August 27, 2007 for the award of service connection for asbestosis (claimed as COPD). The Veteran's claim was pending since his last final denial in June 2006 and he filed a new claim on August 27, 2007. The effective date is set based on the date that entitlement arose or the date that the RO received the claim, whichever is later.