Asbestosis decisions — 2004

The Board has remanded the case for additional development, including obtaining medical records and ensuring compliance with VCAA requirements.

The Board found that the veteran's claimed disabilities were not incurred or aggravated by service and denied his claims for service connection.

The veteran's appeal is being remanded for a new VA examination to determine the severity of his service-connected asbestosis, and for consideration of Fenderson v. West (12 Vet. App. 119).

The Board finds that the veteran's hypertension was not incurred in or aggravated by active service, nor may it be presumed to have been incurred therein. The claim for asthma is related to asbestos exposure.

The Board has remanded the case due to unclear medical evidence regarding the nature and etiology of the veteran's respiratory disorder, including a lack of clarity on whether it is related to service exposure to asbestos. The claim will be returned for further evaluation.

The Board found that the appellant does not have asbestosis that is a result of disease or injury incurred in service, and thus denied his claim for service connection.

The Board denied the veteran's claims for service connection for asbestosis, coronary artery disease (CAD), left foot and left big toe disorders, and right elbow disorder. The evidence did not establish a direct link between these conditions and his military service.

The veteran's claim for service connection for asbestosis and/or restrictive lung disease, which is related to in-service asbestos exposure, has been remanded by the Board of Veterans' Appeals due to new evidence submitted after the initial decision. The case will be reviewed again with consideration of this additional evidence.

The veteran's claims for service connection have been reopened, but the Board has not granted any of the claims. The veteran's pleurisy and left spontaneous pneumothorax are considered to be unrelated to his active service. His arteriosclerotic heart disease with angina and hypertension were also denied as new evidence did not raise a reasonable possibility of substantiating these claims. The veteran's pleural changes or fibrosis, claimed as due to asbestos exposure, have been reopened but the Board has not granted this claim either.

The veteran's claim for an increased evaluation of asbestosis has been denied. The RO must now determine if the veteran should be granted service connection for PTSD based on new evidence.

The veteran's claims for service connection for asbestosis and bilateral hearing loss are being remanded due to the need for additional medical opinions regarding the etiology of these conditions.

The veteran's claim for an initial increased evaluation for asbestosis is being remanded due to the submission of new evidence indicating possible increase in severity.

The Board found no evidence of a current lung disease related to asbestos exposure during service and denied the veteran's claim for service connection.

The Board granted a 60 percent rating for the veteran's asbestosis prior to June 19, 2003.

The Board has remanded the case for further development, including a VA pulmonary examination to determine if the appellant currently has asbestosis and its etiology. The claim will be reconsidered after this additional development.

The Board has reopened the veteran's claim of entitlement to service connection for asbestosis related disease, including asbestosis and chronic obstructive pulmonary disease, due to asbestos exposure during service. The claim is now pending for further adjudication.

The Board has determined that additional development is needed to obtain the veteran's medical records and ensure compliance with duty-to-assist requirements.

The Board found that the veteran's COPD is not related to his service, including exposure to asbestos. The COPD was attributed to smoking and not due to asbestos exposure.

The Board found that the veteran's lung disorder, including asbestosis, did not originate in service or for many years after discharge and is not otherwise related to his period of service.

The Board denied the claims of entitlement to service connection for shrapnel wound to the back, bilateral hearing loss, residuals of a cold weather injury, and PTSD. The claim of entitlement to service connection for a respiratory disorder, including chronic obstructive pulmonary disease and asbestosis, is addressed in the REMAND portion of the decision.