Asbestosis decisions — 2004

The Board has dismissed the appeal due to the appellant's withdrawal of the appeal prior to a decision being made.

The Board denied the veteran's claims for service connection for a lung disorder claimed as asbestosis and an increased rating for his appendectomy scar. The veteran was not granted any new evidence to reopen his claim, and there is no indication of asbestos exposure in his military service.

The Board denied the veteran's claims for service connection for bilateral hearing loss and asbestosis, finding no evidence of a nexus between these conditions and his military service.

The case is being remanded due to the need to obtain additional records from the Social Security Administration.

The veteran's claim for a compensable evaluation for asbestosis, initially granted in service connection, is being remanded to the RO for additional development and readjudication.

The Board found that termination of DIC benefits was proper due to concurrent receipt with FECA benefits, and the issue of an earlier effective date for DIC benefits is moot. The overpayment in question was created by VA administrative error.

The Board has remanded the case due to procedural defects in notification and development under the VCAA. The veteran's claims for service connection are now pending with the RO.

The Board has granted the veteran's claim for service connection for asbestosis, finding that it is related to his military service without relying on any presumption or previously service-connected condition.

The Board has remanded the claims for further review due to new evidence submitted by the veteran.

The Board has determined that the veteran's service connection claim for asbestos exposure residuals is granted, as there was sufficient evidence to support a finding of service connection based on direct evidence.

The veteran is seeking service connection for a lung disorder, including asbestosis and lung cancer, due to exposure to asbestos during his military service. The Board has determined that additional development is needed, including obtaining VA medical records and scheduling the veteran for an examination.

The Board has granted service connection for asbestosis and remanded the heart disorder claim to obtain additional development.

The Board has determined that the veteran's claim for service connection for asbestosis, a condition he claims is related to exposure to asbestos during his military service, requires additional development. The case will be remanded to the RO for further action.

The Board has remanded the case for further development due to receipt of additional evidence and a need to consider VCAA notice obligations. The issues are whether service connection can be granted for the cause of death as a result of asbestos, nicotine addiction, or tobacco use, and what the effective date should be.

The Board denied the veteran's claims for higher ratings for asbestosis, finding that the evidence did not warrant a rating in excess of 60 percent for the period from October 7, 1996 to October 21, 2003. The effective date for the highest (100%) rating remains October 22, 2003.

The veteran's claim for enhanced DIC was denied as he did not have a service-connected disability rated totally disabling for at least eight years immediately preceding his death.

The Board found no evidence of current asbestosis or its residuals, and thus denied the veteran's claim for service connection.

The Board has decided to remand the case for further development and consideration of the veteran's claim for service connection for asbestosis.

The Board has remanded the case to the RO for additional action due to issues related to earlier effective dates for TDIU and service connection for asbestosis.

The VA determined that the veteran does not have asbestosis and therefore, service connection for this condition cannot be granted.