Asbestosis decisions — 2003

The Board has ordered further development due to pending issues and is remanding the case back to the RO for additional consideration.

The Board has restored the veteran's original 10% disability rating for asbestosis, effective October 16, 1995. The issue of whether an increased rating is warranted remains before the Board.

The Board found that the veteran's right ear hearing loss is service-connected due to noise exposure. Tinnitus was also service-connected based on history of noise exposure and ear infections. However, there is no evidence linking a lung disorder to asbestos exposure in service or post-service, thus denying service connection for this condition.

The Board has dismissed the appeal because the veteran died during the pendency of the appeal and thus no longer has standing to pursue this claim.

The Board found that the veteran does not currently have asbestosis and denied his claim for service connection.

The Board found no current evidence of asbestosis and denied the veteran's claim for service connection.

The veteran's service-connected asbestosis is not manifested by a Forced Vital Capacity (FVC) of less than 81% of predicted value or a Diffusion Capacity of the Lung for Carbon Monoxide by a Single Breath Method (DLCO (SB)) of less than 81% of predicted value, thus he does not meet the criteria for an initial compensable rating.

The Board of Veterans' Appeals has determined that the veteran's service connection claim for asbestosis is granted, with no specific rating assigned and no effective date provided. The appeal was based on a diagnosis of asbestosis by Dr. Sharpe in July 1990, which was supported by evidence of asbestos exposure during military service.

The Board has determined that the veteran's COPD is related to his service exposure to asbestos, and thus granted service connection for this condition.

The Board denied the veteran's claim for service connection for diabetes mellitus due to herbicide exposure (Agent Orange) and a compensable disability rating for pleural thick thickening consistent with asbestos-related pleural disease. The decision is based on lack of evidence linking these conditions to active service or presumptive exposure.

The Board has denied the veteran's claim for service connection for a pulmonary disorder, including pneumoconiosis and asbestosis, due to exposure to asbestos. The appeal is based on direct evidence of exposure in service without any presumption or secondary service connection.

The veteran's claim for an evaluation in excess of 60 percent for asbestosis with chronic bronchitis was denied by the RO.

The Board has dismissed the appeal due to the appellant's withdrawal of his request for a compensable evaluation for asbestosis.

The Board has ordered further development in the veteran's case due to pending issues regarding service connection for asbestos exposure and pneumonia. The appeal is currently remanded for additional evidence collection.

The Board granted service connection for asbestosis and assigned a 10 percent evaluation effective October 7, 1996.

The veteran's claim for service connection for the residuals of asbestos exposure, including large cell undifferentiated carcinoma with left lung removal and asbestosis of the right lung, is being remanded due to additional development needed.

The Board has ordered further development due to the need for additional medical records and a VA examination. The case will be returned to the RO for this purpose.

The veteran's claim for an earlier effective date for service connection for asbestosis was granted, with the effective date set at September 11, 1995.,He also received a higher initial disability rating of 30 percent from June 15, 1987 to October 7, 1998 and a final rating of 60 percent from October 8, 1998 to June 7, 2000.

The Board granted service connection for asbestosis with chronic obstructive pulmonary disease and assigned a noncompensable disability evaluation, but the veteran contends that his condition warrants a higher rating.

The VA determined that the veteran does not have asbestosis or asbestos disease of the lung, and his chronic obstructive pulmonary disorder is not related to service exposure to asbestos.