Asbestosis decisions — 2004

The Board denied the veteran's claim for a rating in excess of 60 percent for asbestosis prior to September 1, 1998.

The veteran claims service connection for a respiratory disorder, including asbestosis and asthma, due to in-service exposure to hazardous substances, specifically asbestos. The case is being remanded for further development of the record.

The Board found that there was no clear and unmistakable error in the 1985 rating decision denying service connection for residuals of asbestos exposure. The claim to reopen a previously denied asbestosis claim is granted due to new evidence showing current asbestosis related to active service.

The Board denied the veteran's claims of service connection for left leg disorder, lung disorder due to asbestos exposure, bilateral hearing loss, and tinnitus. The evidence did not support a current diagnosis or link these conditions to service.

The veteran's claims for service connection and increased rating are being remanded due to the need for additional development, including obtaining medical records from his Coast Guard asbestos monitoring program and arranging for examinations to assess his respiratory and sleep disorders.

The veteran's appeal is being remanded to the RO for additional development, including scheduling a Board videoconference hearing. The case will be returned to the Board after the hearing.

The Board found that the veteran's asbestosis was not incurred in or aggravated by active military service, and denied his claim.

The Board has determined that further development is needed to determine if the veteran's current asbestosis is related to exposure to asbestos during military service.

The veteran's appeal is being remanded due to his request for a personal hearing before a Veterans Law Judge.

The veteran's claim for an initial disability evaluation in excess of 30 percent for asbestosis is being remanded due to the need for additional development, including obtaining medical records and scheduling a respiratory examination.

The Board has determined that the veteran's asbestosis, a lung disorder, is due to his exposure to asbestos during service and grants this claim.

The Board has remanded the case due to incomplete records and need for further development, including a VA examination.

The veteran's claim for service connection for asbestosis is being remanded due to the need for further development, including obtaining additional medical opinions and evidence.

The Board denied the veteran's request for an earlier effective date for service connection of asbestosis, assigning a 10% evaluation from March 29, 1993.

The veteran's appeal is being remanded due to the VA failing to satisfy VCAA requirements. The case will be handled in an expeditious manner.

The veteran's service-connected asbestosis has been granted, but he is seeking a higher initial evaluation. The Board finds that a remand is necessary to determine the current severity of his condition and assign an appropriate rating.

The Board has determined that a remand of the veteran's claim is necessary due to conflicting findings regarding asbestos-related lung disease and its relation to service. The case will be returned to the RO for further development.

The Board found no evidence of a pulmonary disorder in service or due to asbestos exposure, and thus denied the veteran's claim for service connection.

The Board has determined that the veteran's asbestosis does not warrant an increased evaluation, as his pulmonary function studies have consistently shown normal or above-normal results.

The Board found that the veteran was exposed to asbestos throughout his lifetime and likely during service. The evidence is in relative equipoise regarding whether exposure to asbestos during military service proximately caused the current diagnosis of asbestosis, thus granting service connection for asbestosis.