Asbestosis decisions — 2000

The veteran's disabilities, while disabling, do not meet the criteria for special monthly pension based on need for regular aid and attendance or being housebound.

The Board denied the veteran's claim for an earlier effective date and his argument of clear and unmistakable error in a July 1993 rating decision. The RO had evidence before them that did not support service connection at that time, but later evidence reopened the claim.

The Board denied a request for an earlier effective date for service connection of asbestosis, assigning the earliest possible effective date of March 29, 1993.

The Board has determined that the veteran's asbestosis is related to his military service and granted his claim for service connection.

The Board denied the veteran's claims for service connection for hypertension, otitis, and lung disorders. The issues of bilateral foot disorder were also addressed.

The Board found that the veteran did not have asbestos-related lung disease as a result of his service exposure to asbestos, and thus denied his claim.

The veteran's current interstitial lung disability is found to be due to asbestos exposure during service, and the claim for service connection is granted.

The Board is remanding the case for additional development to evaluate the appellant's asbestosis, including a new VA examination. The RO should consider both old and revised rating criteria for respiratory disorders and apply the version that is more favorable to the claim.

The veteran's service-connected residuals of fracture of the left ankle are currently productive of no more than a moderate limitation of motion, and thus an evaluation in excess of 10 percent is not warranted. The issue of asbestos-related lung disease remains unclear due to conflicting evidence.

The Board has determined that the veteran's claims for service connection are not well-grounded, and thus denied.

The veteran's claim is being remanded to obtain additional development, including pulmonary function studies and service connection for emphysema. The case will be readjudicated based on the new evidence.

The Board has remanded the case for further development and adjudication, including addressing conflicting findings in the May 2000 supplemental statement of the case and rating decision.

The Board has determined that the veteran's claims for service connection are not well grounded and have therefore been denied. The skull bone mass is not productive of any current symptoms or impairment, and it has not resulted in any skull loss.

The Board denied the veteran's claims for secondary service connection for a heart disorder, entitlement to an effective date earlier than September 7, 1993 for a grant of service connection for pulmonary asbestosis, and entitlement to an increased rating for pulmonary asbestosis. The decision also noted that the veteran did not have hypertension.

The Board has determined that the veteran's asbestosis is service-connected, with no doubt to be resolved.

The RO granted service connection for asbestos-related pleural disease but denied the veteran's claim for an increased rating and service connection for emphysema. The case is being remanded to obtain additional medical records and conduct a VA examination.

The Board of Veterans' Appeals has determined that there is no competent medical evidence showing a relationship between the veteran's current asbestosis and his military service. The claim for service connection for asbestosis is denied.

The Board finds the veteran's claim of service connection for asbestosis is well-grounded and grants this claim. The application to reopen a previously denied claim of entitlement to service connection for nerve damage and a pituitary tumor secondary to ionizing radiation will be addressed in the REMAND portion.

The Board has remanded the claim for service connection for asbestosis due to its well-grounded nature. The other issues remain unresolved and need further development.

The Board granted an effective date of August 15, 1991 for the award of TDIU based on service-connected disabilities.