Citation Nr: 20008307
Decision Date: 01/31/20	Archive Date: 01/31/20

DOCKET NO. 18-12 207
DATE: January 31, 2020

ORDER

Service connection for asbestosis is granted.

FINDINGS OF FACT

1.  The Veteran had asbestos exposure during service.

2. The Veteran has been diagnosed with asbestosis.

CONCLUSION OF LAW

The criteria for service connection for asbestosis have been met.  38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from March 1961 to March 1970 and from April 1970 to April 1981.  At his October 2019 Board hearing, the Veteran testified that he was exposed to asbestos while he worked as a boiler technician in service. He indicated that his private physician found asbestos in his lower lungs through x-rays and CT scans. He then began having breathing problems since his diagnosis, which has worsened over the years. More recently, CT scans revealed nodules on his left lung.

Given the Veteran’s MOS specialty as a boiler technician, the Veteran’s exposure to asbestos is conceded. However, the Veteran’s claim for service connection was initially denied by RO as medical records did not support a diagnosis of asbestosis.

Evidence prior to his 2019 Board hearing failed to show a chronic lung condition associated with asbestos. A November 2015 letter from his private pulmonary physician indicated that the Veteran had asbestosis, but subsequent diagnostic testing revealed only mild perihilar bronchitis. Additionally, a June 2019 Disability Benefits Questionnaire confirmed the mild bronchitis, but found that it was less likely related to his military service. The DBQ physician explained that the more recent July 2019 x-ray findings and scarring were not suggestive of asbestosis. Rather, the scarring may be related to a previous pulmonary infection. However, the exact etiology could not be determined with greater than 50 percent probability. Therefore, without diagnostic imaging to prove the presence of asbestosis, a nexus cannot be established. With regard to his mild bronchitis noted on the July 2019 x-rays, the condition is acute and not related to his asbestos exposure.

Since that time, additional imaging was conducted in September 2019 which revealed the redemonstrations of calcified pleural plaques. Dr. Baker stated that the pleural plaques were diagnostic of asbestosis.  Accordingly, service connection for asbestosis is granted.

 

MATTHEW W. BLACKWELDER

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	N. Yeh, Associate Counsel

The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.