Asbestosis decisions — 2004

The Board has determined that the veteran's pleural asbestosis is related to his in-service exposure and has granted service connection for this condition.

The Board found that the veteran's right ear hearing loss was not incurred in or aggravated by active service and denied his claim for service connection.

The Board found that the veteran's COPD is not secondary to his service-connected pulmonary asbestosis.

The veteran's claim for service connection for asbestosis is being remanded due to the need for further development regarding his in-service and post-service exposure to asbestos, including a pulmonary examination.

The veteran's exposure to asbestos in service caused or contributed substantially and materially to his cause of death, which was respiratory failure due to pneumonia with significant contributions from asbestosis.

The Board finds that the veteran has provided competent evidence of asbestos exposure during service and medical evidence linking his current asbestosis to this exposure. Therefore, the claim for service connection is granted.

The Board has remanded the case for additional development due to incomplete records and further consideration of the veteran's claims.

The veteran's claim for service connection for a lung disorder, including asbestosis, is being remanded due to inadequate VCAA notice and the need to obtain SSA records.

The VA determined that the veteran's respiratory disorder, including asthma and chronic obstructive pulmonary disease/reactive airway disease, is not related to his period of active military service.

The Board denied the veteran's claim for service connection for bilateral interstitial fibrotic changes in the lungs, pneumoconiosis, and asbestosis due to exposure to asbestos. The Board found that there was no competent evidence linking the current respiratory disability to service or to an incident of service origin, including claimed exposure to asbestos.

The Board found no evidence of asbestosis in service and denied the claim for service connection.

The Board has denied the veteran's claim for an initial compensable evaluation for asbestosis lung disease, finding that the evidence does not meet the criteria for a higher rating.

The Board dismissed the veteran's appeal of the denial of service connection for residuals of broken ribs due to a lack of timely filing of a substantive appeal.

The veteran's service connection claim for the residuals of asbestos exposure (pleural plaques) is granted. The pleural plaques are considered as the result of inservice asbestos exposure, regardless of whether there is current functional impairment.

The Board denied the veteran's claims for service connection for COPD and asbestosis, finding no evidence of a nexus to service.

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

The veteran withdrew his appeal for service connection for asbestosis during the August 2003 Board hearing. The issues of PTSD and bilateral hearing loss are being remanded for further development.

The Board denied service connection for asbestosis and residuals of cold injuries to both lower extremities, finding no credible evidence of exposure to asbestos or cold injuries during service.

The veteran's claim for service connection for a lung disability, including asbestosis and bronchitis, is being remanded due to the need for additional development of evidence.

The VA denied the veteran's claim for an initial compensable disability rating for asbestos related pleural disease, finding that his lung function tests did not meet the criteria for a compensable rating.