Asbestosis decisions — 2006

The veteran's appeal is being remanded for a Board videoconference hearing at the RO in North Little Rock, Arkansas.

The Board found that the veteran was not exposed to asbestos in service and did not have a current disability related to asbestos exposure. Therefore, the claim for service connection for an asbestos-related lung disease, including asbestosis, is denied.

The Board denied the veteran's claim for service connection for asbestosis, finding no competent evidence linking the condition to military service.

The veteran is seeking to reopen a service connection claim for asbestosis. The case is being remanded due to inadequate VCAA notification.

The veteran's claim for an increased disability rating for his service-connected asbestosis is being remanded due to the need for additional development, including a new examination and proper VCAA notice.

The veteran seeks earlier effective dates for the grant of service connection for asbestosis and a 60 percent disability evaluation, and for a total rating based upon individual unemployability due to service-connected disabilities. The Board denied these claims.

The veteran withdrew his appeals for all issues except asbestosis. The Board dismissed the appeal due to withdrawal.

The Board has decided to remand the case due to insufficient evidence regarding the veteran's exposure to asbestos during service and its relation to his current asbestosis condition.

The veteran seeks service connection for asbestosis, claiming exposure to asbestos while serving on different ships during World War II. The Board has determined that proper VCAA notice was not provided and the case is being remanded for further development.

The Board denied the veteran's claims for service connection for chronic bronchitis, lung disability other than bronchitis (presumably due to asbestos exposure), left elbow sprain, and residuals of right and left shoulder sprains. The Board found that these conditions were not related to his military service or any incident therein.

The Board has determined that a VA examination is necessary to clarify the etiology of any diagnosed pulmonary disorder, including whether the veteran has asbestosis. The case is REMANDED for further action.

The veteran's appeal for an increased rating for asbestosis has been withdrawn, and the Board does not have jurisdiction to consider the claim.

The Board has determined that further examination and development are needed to determine if the appellant's asbestosis is related to military service. The RO should arrange for a VA medical examination, obtain any additional evidence from the appellant, and adjudicate his claim based on all available information.

The Board found no evidence of current residuals of hepatitis and denied service connection for this condition. The heart, asbestos exposure, and low back disorder claims are being remanded due to the need for additional development.

The Board denied the veteran's claims for increased ratings and service connection, finding that the evidence did not support a higher rating or service connection based on residuals of a low back injury or respiratory disability due to asbestos exposure.

The veteran's appeal is being remanded due to the need for a new hearing before a traveling Veterans Law Judge from the Board.

The Board has denied the veteran's claims for service connection for asbestosis and hepatitis C, finding no competent evidence of current disabilities or a link to service.

The Board has remanded the case for further development, including a VA examination and compliance with notification requirements.

The veteran seeks service connection for a respiratory disability due to asbestos exposure. The Board has ordered additional development including obtaining confirmation of in-service asbestos exposure, VA examination, and records from the attorney involved in any asbestos-related settlement.

The VA has not provided a clear decision on whether the veteran's asbestos-related disease and pes planus are service-connected. The claim for asbestos-related disease remains pending, while the claim for pes planus is denied.