Asbestosis decisions — 2006

The Board has determined that the veteran does not have asbestosis and denied service connection for this condition. The issue of whether new and material evidence has been submitted to reopen a claim for diabetes mellitus is addressed in the remand section.

The Board denied service connection for various conditions, including a right shoulder condition, left knee and elbow conditions, right knee condition, upper back condition, left wrist condition, hemorrhoids, and asbestos exposure. The Board found that the current conditions were not incurred in or aggravated by active service.

The veteran's asbestosis, which was incurred during his military service, contributed to his death. As the claim for service connection for asbestosis was pending at the time of his death, he is entitled to accrued benefits.

The Board has determined that the veteran's asbestos-related pleural disease, including pleural plaques, is related to his military service and grants service connection for this condition.

The Board has remanded the case for additional development due to conflicting medical diagnoses and a need for further examination. The veteran is entitled to service connection if his asbestosis is related to in-service asbestos exposure or civilian asbestos exposure.

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling a VA examination to determine the nature and etiology of the veteran's lung disability.

The VA denied the veteran's claim for service connection for asbestosis, concluding that there is no current diagnosis of the condition.

The veteran's claims for increased ratings for PTSD and asbestosis, as well as a TDIU claim were denied by the Board. The initial rating for PTSD remains at 10 percent, while the asbestosis rating was changed from noncompensable to 30 percent effective April 26, 2005.

The Board has denied the veteran's claims for service connection for defective hearing, a back disorder, a dermatological disorder involving the feet and body (claimed as chloracne), visual impairment, bilateral hip and knee disorders, a bilateral shoulder disorder, a neck disorder, a hand and fingers disorder, and a bilateral leg disorder. The Board found that there was no evidence of chronicity for these conditions post-service and concluded that service connection is not warranted.

The veteran's urethritis condition is rated at 20% since July 29, 2005. His initial compensable rating for asbestosis was denied.

The veteran's claim for an increased disability rating for COPD with interstitial fibrosis due to asbestosis is being remanded for additional medical examination and evaluation.

The Board has determined that the veteran's asbestosis is related to his service, and thus grants service connection for this condition.

The Board denied the veteran's claims for service connection for various conditions, including PTSD, asbestos exposure, herbicide exposure (soft tissue sarcoma), tobacco-related disability, and pseudofolliculitis barbae. The appeal is not about service connection at all.

The Board has determined that the veteran's current asbestosis is related to his in-service asbestos exposure and grants service connection for a respiratory or pulmonary disorder.

The veteran's appeal is remanded for further development, including obtaining updated pulmonary function test results and a VA examination to assess his asbestosis. The issue of increased evaluation for PTSD must also be addressed in the RO.

The Board has determined that the veteran's asbestosis was not incurred in or aggravated by active duty, and therefore denied his claim for service connection.

The Board denied the veteran's claims for service connection for a psychiatric disorder and asbestosis, and also denied her claim for TDIU due to service-connected disability. The decision found that new evidence did not reopen the claim of service connection for a psychiatric disorder, asbestosis was not incurred during service, and there is no legal basis for a grant of TDIU.

The Board found no current diagnosis of asbestosis and denied the claim for service connection for asbestosis. The issue of PTSD was remanded due to insufficient evidence.

The veteran's appeal for service connection for emphysema has been dismissed as he withdrew his appeal. The issue of an initial compensable evaluation for asbestos exposure residuals is remanded to the RO.

The Board has determined that the case needs to be remanded for further development, including a VA examination and clarification of the veteran's asbestos exposure history.