Asbestosis decisions — 2006

The veteran's claim for service connection for the residuals of asbestos exposure is being remanded to the RO for further consideration based on all available evidence.

The Board found that the veteran does not have asbestosis and any current lung disease is not shown to be etiologically related to active service.

The Board has denied the veteran's claims for service connection for asbestosis, COPD, left shoulder disability, right shoulder disability, and bilateral hearing loss. The evidence does not support a finding that these conditions were incurred or aggravated during active military service.

The Board denied the veteran's claims for service connection for an eye disability and a claim for an initial rating in excess of 0 percent for asbestosis. The evidence did not support a finding that the veteran had current eye problems or asbestosis due to military service.

The Board has determined that the veteran's service-connected asbestosis does not meet or approximate the criteria for a disability rating in excess of 30 percent throughout the pendency of this appeal.

The veteran's claims for service connection and increased ratings were denied due to his failure to appear for scheduled VA examinations without providing good cause.

The Board found that the veteran's current lung disorder is not related to his active service, specifically noting a lack of diagnosis of asbestosis and insufficient evidence linking his in-service exposure to asbestos with his current condition.

The Board found no current asbestos-related disability and denied the veteran's claims for service connection for residuals of asbestos exposure and a compensable rating for sleep apnea.

The VA has denied the veteran's claims for service connection for various conditions, including an acquired psychiatric disorder (to include PTSD), a myocardial infarction, memory loss, concentration loss and forgetfulness, blackouts, headaches and equilibrium problems secondary to head trauma, hives, dry skin, nose bleeds, lung disorders due to asbestos exposure, and tingling of the hands.

The Board denied the veteran's claims for service connection for PTSD, diabetes mellitus, a skin disorder, and asbestosis. The evidence did not support these claims based on current medical findings or lack of in-service disease or injury.

The Board has remanded the case for further development, including obtaining medical opinions and arranging for a VA examination to determine if the veteran's asbestosis is related to service.

The Board denied the veteran's claim for an earlier effective date for service connection of asbestosis, finding that the original claim was filed on May 26, 1998, and no informal claim had been submitted prior to this date.

The Board found no evidence of asbestosis in service and concluded that the veteran's current condition is not related to his military service. The claim for service connection was denied.

The Board granted a disability evaluation of 30 percent for the service-connected lung disability resulting from asbestos exposure, effective from November 20, 2002.

The Board denied service connection for COPD, arteriosclerotic peripheral vascular disease, and asbestosis due to lack of evidence linking these conditions to the veteran's in-service smoking or exposure. The Board also found that there was no current diagnosis of nicotine dependence.

The veteran's service-connected lung disability does not meet the criteria for a certificate of eligibility for financial assistance in purchasing an automobile or other conveyance and adaptive equipment, as he has not lost use of one or both feet, hands, vision of both eyes, or ankylosis of knees or hips.

The Board found that the veteran's asbestosis was not caused by his military service and denied the claims for service connection.

The veteran's claim for an initial compensable rating for asbestosis was denied because the evidence did not show that his asbestosis met the criteria for a compensable evaluation.

The Board has determined that the veteran does not have asbestosis and therefore denied his claim for service connection.

The Board denied the veteran's claims for service connection for right ear hearing loss, residuals of flash burns to the eyes, and a respiratory disorder due to asbestos exposure. The evidence did not support these claims as there was no current disability or link between the conditions and service.