Asbestosis decisions — 2005

The Board denied the veteran's claim for reopening his service connection for asbestosis due to lack of new and material evidence.

The Board denied the veteran's claims of service connection for PTSD, a heart disorder, and a lung disorder (asbestosis) due to lack of evidence supporting these conditions.

The Board finds that the veteran's interstitial fibrosis of the lung associated with asbestos exposure is related to service, including in-service exposure while aboard the USS Bayfield and handling ammunition. Service connection for this condition is granted.

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

The veteran's claim for an increased rating of asbestosis was granted, with a 30 percent rating effective March 30, 2005. The case is now remanded to the RO for further development.

The Board has determined that the veteran's current asbestosis is related to in-service asbestos exposure, and service connection for asbestosis is granted.

The veteran's claims for higher ratings and service connection were denied as the conditions did not meet the criteria for a higher rating or direct service connection.

The veteran wishes to withdraw his appeal, resulting in the vacatur of the June 2005 Board decision.

The veteran's appeal has been dismissed as he withdrew his appeals for the issues of service connection for asbestosis, right knee disorder, and a compensable evaluation for right ear hearing loss.

The Board found that the veteran's service-connected asbestos-related pleural disease did not meet the criteria for a compensable rating based on the evidence showing no significant impairment in lung function.

The veteran's case is being remanded due to the need for additional medical records and because his TDIU claim is inextricably intertwined with his increased rating claim for asbestosis.

The RO denied an initial evaluation in excess of 10 percent for amputation of the right little toe, finding that the veteran's condition is productive of pain but not functional loss.,The RO also denied service connection for pulmonary asbestosis, concluding that there is no evidence linking the veteran's current condition to his asbestos exposure during service.

The Board has determined that the veteran's current asbestosis is related to his exposure to asbestos during service, and thus grants entitlement to service connection for asbestosis.

The veteran is seeking service connection for asbestosis, which he claims was caused by asbestos exposure during military service. The Board has ordered further development to confirm the veteran's in-service exposure and assess his current respiratory condition.

The veteran's appeal for a higher rating for asbestosis has been dismissed due to his death during the pendency of the appeal.

The veteran's claims for service connection were denied across multiple issues, including his psychiatric disorder, diabetes mellitus, retinopathy, peripheral neuropathy of the lower extremities, right knee disorder, left knee arthritis, lumbar spine condition, cervical spine condition, lung disease (asbestosis), and hypertension. The Board found that new evidence did not reopen his claim for an acquired psychiatric disorder but denied all other claims.

The veteran's appeal is on the issue of entitlement to a higher initial evaluation for service-connected asbestosis. The RO has granted service connection and assigned a noncompensable (0 percent) evaluation, but the veteran argues that he should receive a compensable rating due to his symptoms such as shortness of breath, use of an inhaler, and frequent coughing.

The Board has ordered a new VA examination to determine if the veteran currently has asbestosis and whether it is related to service. The case will be remanded for this purpose.

The Board denied the veteran's claims for service connection for COPD and initial evaluations for asbestosis, both prior to March 13, 2002, and effective from March 13, 2002. The appeals were based on direct service connection without any presumption or secondary theory.

The veteran's claims for respiratory, right ankle, cervical spine, low back, and bilateral hip disabilities were denied as they are not service-connected.,Service connection was granted for a left knee arthroplasty (rated at 30%) and residuals of a fracture to the left femur (rated at 10%).