Asbestosis decisions — 2007

The Board found that the veteran does not have asbestosis and there is no current disability related to service. Therefore, the claim for service connection for asbestosis was denied.

The Board has determined that the severance of service connection for asbestosis with severe combined ventilatory impairment and mild room air hypoxia was proper. Service connection for bilateral hearing loss disability, tinnitus, and a bilateral foot disorder characterized by corns and calluses is addressed in the REMAND portion of this decision.

The Board found that there is no current diagnosis of asbestosis and thus denied the veteran's claim for service connection.

The veteran's appeal for service connection regarding Sjogren's syndrome, clinical depression, and exposure to asbestos was dismissed because her Substantive Appeal was not filed in a timely manner.

The Board has determined that additional development is needed for the veteran's claims of service connection for diabetes mellitus, asbestos related lung disease, and bronchitis. The appeal is REMANDED to obtain VA records, provide VCAA notice, and arrange for a supplemental opinion from the November 2005 examiner.

The Board has determined that the veteran's asbestosis was not incurred in or aggravated by active service.

The veteran has been awarded service connection for asbestosis, which is considered a direct result of his military service exposure to asbestos.

The veteran's claim for increased evaluations for asbestosis is being remanded to obtain additional VA treatment records and schedule him for an appropriate VA examination.

The veteran's claim for an initial compensable evaluation for asbestos-related pleural plaques is being remanded due to the need for additional pulmonary function testing.

The veteran's claims for service connection were denied across the board. No compensable evaluation was granted for migraine headaches, and no new evidence of a chronic condition related to his military service was found for other conditions such as viral syndrome/viral gastritis, lymphadenopathy and swollen glands, chest disability, stress, emotional problems, rashes (presumably due to asbestos exposure), dehydration, urinary trouble, blurred vision, breathing trouble (presumably due to asbestos exposure), or hearing loss.

The veteran's appeal is remanded due to issues related to service connection for asbestosis, and ratings for plantar fasciitis of the right foot and chondromalacia patella of the right knee. The appeals are not yet decided.

The Board has remanded the case due to inadequate VCAA notice and further development is required.

The Board has remanded the case due to the need for a Statement of the Case addressing issues related to earlier effective dates and an extraschedular rating.

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

The Board has denied the veteran's claims for service connection for hearing loss, tinnitus, and asbestosis. The evidence does not support a finding that these conditions are related to military service.

The veteran's claims have been dismissed due to his death.

The Board has remanded the case due to insufficient evidence regarding the veteran's exposure to asbestos in service and the presence of an asbestos-related lung disorder. The RO/AMC is instructed to contact the Navy Medical Liaison office for verification, secure outstanding medical records, and schedule a VA examination to diagnose or rule out any current lung disorders related to asbestos exposure.

The VA denied the veteran's claim for service connection for asbestosis, finding that there is no evidence of asbestos exposure during his military service and insufficient medical evidence linking current asbestosis to service.

The Board has remanded the case due to insufficient evidence regarding the veteran's exposure to asbestos during service and his diagnosis of asbestosis. The veteran will need to undergo a VA examination to provide a medical opinion on whether his current condition is related to his military service.

The Board has remanded the case for further development, including obtaining updated medical records and a VA examination to assess the severity of the veteran's asbestosis.