Asbestosis decisions — 2005

The Board has granted the veteran's claim for service connection for asbestosis, finding that it is a direct result of his military service without relying on any presumptions or secondary conditions.

The Board has remanded the case for further development, including obtaining additional medical evidence and arranging for a VA examination to determine if the veteran currently suffers from asbestosis or lung findings consistent with asbestosis. The issue of whether new and material evidence has been received to reopen a claim of entitlement to service connection for a disability of the back diagnosed as degenerative changes of the lumbosacral spine, status post laminectomy and diskectomy, and including arachnoiditis will also be addressed.

The VA denied the veteran's claim for an initial compensable evaluation for his asbestosis, finding that his pulmonary function tests did not meet the criteria for a 10% disability rating under Diagnostic Code 6833.

The Board found that the veteran did not have asbestos exposure during active military service and there is no medical evidence linking any current respiratory disorder to such exposure. As a result, the claim for service connection for asbestosis was denied.

The Board found that the veteran's asbestosis did not meet the criteria for a compensable evaluation under either the old or new rating criteria, and thus denied his claim for an initial compensable evaluation.

The VA denied the veteran's claims for service connection for a respiratory condition due to asbestos exposure and for an undiagnosed illness manifested by fluctuating weight loss, joint/muscle complaints, hepatitis, rickettsia, leishmania or chronic viral infections. The Board found no evidence of a current disability related to service.

The veteran's claim for an initial rating for interstitial fibrosis due to asbestos exposure is being remanded for further development, including obtaining recent medical records and scheduling a VA examination.

The Board has determined that the veteran does not have asbestosis, and therefore, service connection for this condition is denied.

The Board has remanded the case for further action consistent with a November 2004 Joint Motion for Remand, including scheduling an examination and providing VCAA notice.

The veteran's claim for an earlier effective date for service connection of asbestosis is being remanded due to the need for additional development and notification under the Veterans Claims Assistance Act of 2000.

The Board denied the veteran's claim for service connection for a pulmonary disability, to include asbestosis, finding that there was no evidence of in-service asbestos exposure and insufficient evidence linking his current condition to service.

The Board denied the veteran's claims for an increased rating for asbestosis and service connection for peripheral neuropathy secondary to Agent Orange exposure in the Republic of Vietnam.

The Board has granted service connection for asbestosis, finding that the veteran's current condition is more likely than not related to his inservice exposure.

The Board has determined that the veteran does not have a current diagnosis of asbestosis and there is no evidence showing it was incurred in service. The claim for service connection for asbestosis is denied.

The Board found no evidence of current asbestosis or other residuals of asbestos exposure, and concluded that the veteran's symptoms are not related to his military service.

The Board has determined that the veteran's claim for an earlier effective date of service connection for COPD with hypoxia, pulmonary fibrosis, and asbestosis is denied. The earliest effective date possible is May 31, 2002.

The Board has remanded the case due to incomplete evidence, including verification of in-service asbestos exposure and medical records from Dr. J. Cooper and Dr. D. Neff.

The Board has denied the veteran's claims for service connection for asbestosis and chronic bronchitis, both secondary to asbestos exposure during his military service. The denial is based on conflicting medical opinions regarding the presence of these conditions.

The veteran's appeal is being remanded for additional development of his claims, including obtaining medical records and clarifying whether he testified at any hearings.

The Board found no evidence of asbestos exposure during active duty service and denied the claims for asbestosis and colon cancer.