Asbestosis decisions — 2007

The Board denied service connection for a bilateral foot disorder and a respiratory disorder due to asbestos exposure, finding that the evidence did not support an in-service onset or aggravation of these conditions.

The Board has denied the veteran's claims for service connection for high cholesterol, lumbar degenerative disc disease, and a respiratory disorder claimed as due to asbestos exposure. The decision found that elevated cholesterol is not a disability for VA compensation purposes.

The veteran's appeal for an evaluation in excess of 10 percent for asbestosis has been dismissed because the appellant withdrew his appeal.

The Board has reopened the claims for service connection for disability resulting from asbestos exposure and radiation exposure, but denied the PTSD claim. The case is remanded to determine if there is a relationship between the veteran's current respiratory condition and his in-service asbestos exposure.

The veteran withdrew his appeal of the lung disability and bipolar disorder claims. The April 1992, December 1997, and May 2002 RO decisions are final. New and material evidence has not been received to reopen the sympathetic nerve dystrophy, chronic pain syndrome, back disability, and neck disability claims. Bilateral leg disability was not incurred in or aggravated by active service. PTSD was not incurred in or aggravated by active service.

The Board has determined that the veteran does not have a diagnosed pulmonary disability, including asbestosis and chronic obstructive pulmonary disease, due to service or asbestos exposure. The examiner found no evidence of such disabilities.

The veteran's claims for traumatic arthritis of the right knee, asbestosis, and prostate cancer due to asbestos exposure have been denied. The VA has not established a current disability for any of these conditions.

The veteran's appeal for service connection for an asbestos related disease is dismissed. The Board also denied the claim for hepatitis C, finding that there was no evidence linking the condition to his military service.

The Board has granted a 10 percent disability rating for the veteran's service-connected asbestosis, based on pulmonary function test results.

The veteran's appeal for service connection for asbestosis has been dismissed due to his death.

The Board found that the veteran's current condition was not caused by exposure to asbestos during service and denied his claim for service connection.

The Board has remanded the case due to insufficient evidence regarding the veteran's exposure to asbestos in service and the nature of his respiratory conditions. The claim will be reconsidered after further development.

The Board has remanded the case for additional development, including obtaining VA treatment records and conducting examinations to determine the nature and etiology of the veteran's claimed conditions.

The veteran's asbestosis is rated at 60 percent disabling from May 3, 2006. The Board found that the veteran's subjective complaints of shortness of breath and progressive dyspnea warranted a 30 percent rating prior to May 3, 2006, and a 60 percent rating thereafter.

The Board has determined that the veteran does not have a current disability of bilateral defective hearing or asbestosis, and therefore service connection for these conditions is denied.

The Board has determined that the veteran's claimed bilateral hearing loss and asbestosis were not incurred or aggravated in active military service. The evidence does not support a finding of service connection for these conditions.

The VA has not provided sufficient evidence to determine if the veteran's current pulmonary disorders are related to his service, including exposure to asbestos. The case is being remanded for further examination and consideration.

The Board found that the veteran's death was not caused by or a result of his service-connected asbestosis, and thus denied the claim for service connection for the cause of death.

The Board has granted service connection for bilateral hearing loss and tinnitus, finding that the veteran's current conditions are related to his in-service noise exposure. The heart condition and pulmonary condition (claimed as asbestosis) claims remain pending.

The Board has remanded the case for additional development due to procedural issues.