Asbestosis decisions — 2019

The Veteran's claims for service connection for diabetes mellitus and residuals of in-service exposure to asbestos have been denied. The claim for service connection for diabetes mellitus was not reopened due to lack of new and material evidence, while the claim for residuals of in-service exposure to asbestos was denied as there is no indication that a current disability resulted from such exposure.

The Board denied an increased rating for asbestosis, finding that the Veteran's condition did not meet criteria for a higher disability rating based on objective pulmonary function test results.

The Board has denied service connection for asbestosis and COPD, both of which were related to the Veteran's in-service exposure to asbestos. The esophageal cancer claim is remanded due to insufficient evidence regarding its etiology.

The Board has remanded the Veteran's claims for increased evaluation, service connection, and other issues due to incomplete records and inadequate examination opinions. The Veteran will need to provide additional evidence and undergo further examinations.

The Veteran's initial evaluations for asthma with asbestosis and obstructive sleep apnea were denied. The Veteran was granted a 30 percent evaluation for migraine headaches, effective prior to October 7, 2014.

The Veteran's claim for a higher rating for his service-connected asbestosis is remanded due to the need for updated VA treatment records and an additional respiratory examination.

The Veteran's service-connected asbestosis has rendered him unable to secure or follow a substantially gainful occupation, and his lung condition is currently rated at 60 percent disabling. The Board granted TDIU but denied an evaluation in excess of 60 percent for the Veteran’s asbestosis.

The Veteran's PTSD is granted a TDIU, but the evaluations for asbestosis and PTSD remain denied.

The Board has determined that the Veteran's diabetes mellitus, type II and peripheral neuropathy of the bilateral upper and lower extremities did not manifest during or within one year of separation from service and are not otherwise related to service. Service connection for prostate cancer, bilateral hearing loss, tinnitus, status post pulmonary inflammatory pseudotumor, and allergic rhinitis is also denied as secondary to herbicide exposure.

The Board denied service connection for a chronic respiratory disorder, including asbestosis, finding that the Veteran does not have a current diagnosis of such disorders and has not had one at any time during the pendency of the claim or recent to the filing of the claim.

Service connection for COPD is granted. A compensable rating for right pleural plaques claimed as asbestosis is remanded.

The Board denied service connection for right wrist and right-hand conditions, bilateral hearing loss, tinnitus, respiratory condition (due to asbestosis exposure), hepatitis C, deep muscle pain, and chronic fatigue syndrome (CFS).,Service connection was not granted for any of the claimed conditions.

The Veteran's lung condition, including COPD and pleural disease with plaques, is related to his in-service exposure to asbestos. The Board has ordered additional development to verify the Veteran’s reported exposure to asbestos during service.

The Board has reopened the claim of service connection for asbestosis and granted it, finding that there is a reasonable possibility of substantiating the claim. The Veteran was diagnosed with asbestosis during his military service due to exposure to asbestos.

The appeal for hypertension is dismissed. The respiratory disorder, including COPD and asbestosis, secondary to asbestos exposure, is remanded.