Asbestosis decisions — 2006

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

The Board denied the veteran's claim for an effective date earlier than December 8, 2003, for a 100 percent rating for asbestosis due to the lack of entitlement to such a rating at the time his original claim was received.

The Board has determined that the veteran does not have asbestosis or silicosis, and therefore denied both claims for service connection.

The Board found that service connection is not warranted for asbestosis, hiatal hernia and gastroesophageal disease, or arthritis of the left knee. Service connection was granted for sterility due to mumps orchitis in service. Right knee instability with arthritis is not related to service.

The veteran's claims for an initial disability evaluation in excess of 10 percent for asbestosis and for an initial compensable disability evaluation for bilateral hearing loss are denied. The evidence does not support a finding that the veteran experiences these conditions to warrant higher evaluations.

The veteran's claim for higher ratings for asbestosis is being remanded due to the need for additional development, including a VA examination.

The Board has granted a 30% disability rating for the veteran's service-connected asbestosis, based on post-bronchodilator PFT results showing FVC of 66 percent predicted and DLCO of 77 percent predicted. The evidence does not support an increased rating beyond this level.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination to assess the veteran's respiratory condition(s) and their relationship to service.

The veteran's claim for special monthly pension on account of being housebound or needing the aid and attendance of another person was denied as he does not meet the criteria for either benefit.

The Board finds that the veteran does not have current diagnoses of residuals of exposure to asbestos, malaria, rheumatic fever, jungle rot, PTSD, or varicose vein of the left testicle. The evidence is against a finding that these conditions are related to service.

The Board has determined that the veteran does not have a current lung disorder resulting from asbestos exposure, and therefore denied his claim for service connection.

The Board has determined that the veteran's currently demonstrated asbestosis is linked to his period of active service, and thus grants the claim for service connection.

The Board has dismissed the veteran's appeal for service connection for asbestosis, lung, and breathing problems to include as due to radiation and asbestos exposure. The veteran's hearing loss is granted as a result of aggravation during service.

The Board found that a chronic respiratory disease, including asbestosis and asthma, was not incurred in or aggravated during the veteran's active service.

The Board found that the veteran did not have any asbestos-related disease or disability and denied his claim for service connection.

The Board found no evidence to support the veteran's claims of service connection for pulmonary emphysema and asbestosis, given that there was no documented exposure to asbestos during his military service and insufficient medical evidence linking current diagnoses to service.

The veteran's respiratory disability, including asbestosis, COPD, and emphysema, is being remanded for further examination and development due to the failure to report a scheduled Travel Board hearing. The examiner should determine if his current respiratory conditions are related to service exposure to asbestos.

The Board has remanded the case due to insufficient evidence regarding asbestos exposure during service and a need for further development of the record, including scheduling a VA examination.

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

The Board has determined that the veteran's current atypical Parkinsonism and diffuse Lewy Body disease are not attributable to his active military service. The veteran does not have any asbestosis or other pulmonary disorder that is the result of disease or injury incurred in or aggravated by active military service.