Sorry for the mess!

The site is undergoing a massive update. All the content on the site still works but things just might look a little messy and disorganized. Most of the upgrades will probably be don by the end of the month. Thank you for your understanding!

Updated Jan 25, 2024

In This Section

 
This section contains the following topics:
 
 

 

 
1.   Developing Claims for SC for Asbestos-Related Diseases

 
 

Introduction

 
This topic contains information on developing claims for SC for asbestos-related diseases, including

Change Date

  
January 25, 2024

VIII.iii.7.B.1.a.  Development Action to Take When No Disability Related to Asbestos Exposure Is Claimed

 
A claim is not substantially complete if a Veteran alleges exposure to asbestos during service, but does not claim service connection (SC) for a specific disability.  In cases such as these, follow the procedures for handling an incomplete application at M21-1, Part II, Subpart iii, 1.C.2.b and c.
 
Reference:  For more information on what constitutes a substantially complete application, see

VIII.iii.7.B.1.b.  Asbestos Claims Development Procedures 

  
All claims based on asbestos exposure require
  • military personnel records
  • specific exposure information from the claimant, and
  • medical evidence of the specific diagnosis. 
Follow the steps in the table below to obtain the necessary evidence in support of a substantially complete application based on exposure to asbestos. 
 

Step
Action
1
Obtain military personnel records, if they are not of record, by completing a request in the
Exception:  Do not submit the request if the Department of Veterans Affairs has previously submitted and received a response under request code O50.
 
References:  For more information on
2
Concurrent with the PIES request, send a development letter to the Veteran requesting additional exposure information by selecting the following development paragraphs:
  • ASB – tell us where, when, how exposed, and
  • ASB – medical evid of disease (biopsy) needed. 
Exception:  If the claimant has already provided the specific information requested in the above development paragraphs, do not send a subsequent development letter.
3
After sending the development letter, when required, and obtaining the military personnel records, determine if asbestos exposure is established by reviewing and applying the guidance and procedures in M21-1, Part VIII, Subpart iii, 7.C. 
4
Was asbestos exposure established in Step 3?
  • If yes, go to the next step.
  • If no, refer the claim to the rating activity after completing all other required development actions.
5
Is there evidence of a current disability sufficient to warrant an exam?
  • If yes, follow the procedures in M21-1, Part VIII, Subpart iii, 7.B.2.a to request an exam.
  • If no, refer the claim to the rating activity after completing all other required development actions.
Reference:  For more information on the threshold for a direct SC examination, see M21-1, Part IV, Subpart i, 1.A and B.
 
 
 

2.  Requesting Examinations for Asbestos-Related Claims

 
 

Change Date

  
July 29, 2021

VIII.iii.7.B.2.a.  Requesting a Respiratory Examination and Opinion for Claims Based on Asbestos Exposure

  
Use the table below when requesting a respiratory examination and medical opinion for claims based on asbestos exposure.
 
Important:  Request an examination if the threshold is otherwise met, even if the Veteran fails to respond to the subsequent development letter referenced in M21-1, Part VIII, Subpart iii, 7.B.1.b.  In these cases, request the examiner to solicit an exposure history from the Veteran.
 

If exposure is established based on a(n) …
Then use the appropriate tool/system and its embedded templates to request a respiratory examination and a …
Navy Navy military occupational specialty (MOS)
 
Note:  If exposure in an MOS is listed as minimal, probable, or highly probable in the table in M21-1, Part VIII, Subpart iii, 7.C.1.b, concede asbestos exposure for purposes of scheduling an examination.
medical opinion based on MOS assignment and its probability of exposure to asbestos.
event or other occupational experience
direct medical opinion.
 
Note:  In all examination requests,
  • follow the guidance in M21-1, Part IV, Subpart i, 2.A.8.d to identify all relevant records the examiner should review in making a medical opinion, and
  • ensure that the examination request states all relevant information as to asbestos exposure to include, but not limited to,
    • the Veteran’s MOS(s) and probability of asbestos exposure or the event or other occupational experience on which exposure is based, and
    • all pre- and post-service exposure history. 
References:  For more information on