Asbestosis decisions — 2006

The Board has determined that the veteran does not have an asbestos-related lung disability due to disease or injury incurred in his period of active military duty.

The Board denied the veteran's claims for increased rating for bilateral hearing loss, service connection for sleep apnea, and service connection for asbestosis. The veteran's service-connected conditions were not related to his active duty service.

The Board finds that the veteran's preexisting pectus excavatum did not increase in severity during service, and there is no competent medical evidence of a superimposed respiratory disorder. Therefore, the veteran's current respiratory disorder is not considered to be incurred or aggravated by service.

The Board has remanded the case due to incomplete medical records and a need for further development of the claim.

The veteran's service-connected hypertension, asbestosis, and residuals of a left ankle fracture are currently rated at the maximum allowable under VA regulations. The veteran does not have any compensable ratings for his other conditions.

The Board found no evidence of asbestos exposure during service and concluded that the veteran's current respiratory conditions, including lung cancer, are not related to his period of active duty. The claim for PTSD was also denied.

The VA determined that there is no evidence of a current lung disorder related to service exposure to asbestos, and thus denied the veteran's claim for service connection.

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

The Board has determined that additional development is needed to determine if the veteran has asbestosis, and whether it is related to in-service asbestos exposure. The case will be returned to the RO for further action.

The Board has determined that the preponderance of the evidence is against the claim for service connection for asbestosis due to asbestos exposure, and therefore, the claim is denied.

The Board has denied the veteran's claims for service connection for lung disease, PTSD, and an acquired psychiatric disorder other than PTSD. The evidence does not support a finding of current diagnoses or a link to service.

The Board has determined that the veteran does not have a compensable level of disability due to asbestosis, and therefore denied his claim for a higher evaluation.

The VA denied a higher initial rating for asbestosis with emphysema, finding that the veteran's disability only warrants a 10 percent rating.

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

The Board has determined that the veteran's atypical Parkinsonism and diffuse Lewy Body disease are not related to his military service, while his COPD is not shown to be due to asbestos exposure. The claim for asbestosis is denied.

The Board denied the veteran's claims for an initial evaluation in excess of 10 percent for asbestosis and service connection for coronary artery disease (CAD).

The veteran's lung cancer, asbestosis (interstitial fibrosis), and pleural plaques are causally related to asbestos exposure during his military service.

The veteran's appeal is remanded due to the need for a DRO hearing and issuance of a statement of the case on the effective date issue.

The Board has denied the veteran's claims for service connection for residuals of a hernia and asbestos-related lung disease, finding no current disability linked to military service.

The Board found that the veteran's asbestosis is not related to his active service and denied his claim for service connection.