Asbestosis decisions — 2023

The Board has remanded the case due to pre-decisional duty to assist errors and a need for a medical opinion regarding whether the Veteran's service-connected asbestosis contributed substantially or materially to his death.

The Board has remanded the claims for service connection due to errors in obtaining relevant medical records and verifying the Veteran's toxic exposure, particularly his asbestos exposure. The Veteran is also seeking service connection for COPD as secondary to his asbestosis.

The Board has remanded the claims for a compensable rating for asbestosis and service connection for an allergy disability, claimed secondary to the service-connected asbestosis due to insufficient development of evidence regarding whether the Veteran's non-service-connected condition of allergies is caused or aggravated by his service-connected asbestosis.

The Board has denied the Veteran's claims for service connection for various conditions, including back disability, neck disability, left knee disability, psychiatric disability, skin disability, respiratory disability (to include asbestosis), tinnitus, and bilateral hearing loss. The evidence did not meet the regulatory threshold for these disabilities.

The Veteran's claims for service connection for right hip disability, left shoulder disability, arthritis, and asbestosis have been dismissed due to the Veteran's withdrawal of his appeal.

The Board has decided to remand the cases for a new VA examination to assess the current severity of the Veteran's asbestos-related pleural plaques.

The Veteran's claim for service connection of a respiratory disability, including asbestosis, is remanded due to inadequate medical opinion and the need to verify his Reserve periods of service. A VA examination will be scheduled to address these issues.

The Board has denied a compensable rating for asbestosis and hypertension, but has remanded the issue of service connection for hypertension secondary to asbestosis.

The Veteran's lung disability, which includes lung cancer and asbestosis/restrictive lung disease, has been granted an initial evaluation of 60 percent since August 16, 2021.

The Board has remanded the Veteran's claim for service connection for a respiratory condition, including COPD, emphysema, pulmonary fibrosis, and asbestosis. The appeal is being remanded due to need for proper diagnosis of conditions, confirmation of exposure to fumes, asbestos, and herbicide agents, and opinions on etiology.

The Veteran's lung disorder, claimed as asbestosis, and dermatological condition are remanded for additional development.

The Board has granted service connection for the Veteran's acquired respiratory condition (asbestosis), coronary artery disease, and diabetes mellitus, finding that these conditions are related to his active-duty service.

The Board dismissed the appeals due to the Veteran's death, and no final decision can be made.

The Veteran's claim for a compensable disability evaluation prior to April 27, 2020, for service-connected asbestosis is remanded due to duty to assist error.

The Veteran's service connection for bilateral pes planus is granted. The claim for an initial increased rating in excess of 10 percent for pleural plaque due to asbestos exposure is denied.