Asbestosis decisions — 2007

The Board denied service connection for bilateral hearing loss, tinnitus, Type II diabetes mellitus with complications including diabetic peripheral neuropathy related to herbicide exposure, and asbestos-related respiratory disease. The veteran's claims were not supported by competent evidence linking these conditions to his military service.

The Board has determined that the veteran's asbestosis is a result of asbestos exposure during his military service, and thus grants service connection for asbestosis.

The Board has determined that the veteran's claims for service connection for neck injury and asbestos exposure residuals are denied as there is no competent evidence of a current disability related to these conditions. The other issues have not been decided due to lack of information on new and material evidence.

The Board finds that the evidence does not support service connection for any of the claimed conditions, including a kidney disorder.

The veteran's asbestosis is currently rated at 30 percent, which does not meet the criteria for a higher rating. The Board also found that he is not unemployable due to his service-connected asbestosis.

The Board has remanded the case due to the veteran's request for a hearing before a Veterans Law Judge. The claims of service connection for bilateral hearing loss and asbestosis are still pending.

The Board found that the veteran's asbestosis did not meet the criteria for a restoration of a 30 percent rating, and thus denied his claim.

The Board has determined that further development is needed to determine if the appellant served on Active Duty for Training (ACDUTRA) during a period when he may have been exposed to asbestos, and whether his current lung disability may be associated with such exposure. If so, the appellant would be entitled to a VA examination.

The Board denied the veteran's claims for service connection for COPD and an initial compensable disability rating for asbestosis, finding no current diagnosis of COPD and insufficient evidence to establish a nexus between any diagnosed condition and service.

The VA determined that the veteran's current asbestos-related lung disorder, including asbestosis, was not incurred in or aggravated by his military service.

The Board has remanded the case for additional development, including providing the veteran with a current letter addressing VA's duties to notify and assist, and scheduling the veteran for a Board hearing at the RO.

The Board found no current asbestos related lung disorder and denied the veteran's claim for service connection.

The veteran's claim for an increased rating for his service-connected asbestos lung disease with reactive airways disease is being remanded due to the need for additional medical evidence and consideration of extraschedular criteria.

The Board has remanded the case for further medical examination and opinion regarding the veteran's lung disabilities, including asbestosis. The appeal is pending until further action.

The Board found that the preponderance of the evidence does not show a current diagnosis of asbestosis or any asbestos-related disability related to service, and thus denied the claim for service connection.

The Board has remanded the case due to new requirements under Kent v. Nicholson and Dingess v. Nicholson, requiring additional VCAA notice.

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

The Board has reopened the veteran's claim of entitlement to service connection for asbestosis and finds that new and material evidence has been submitted. The VA will now review the underlying claim.

The Board has determined that the veteran's claims for service connection of various conditions, including head injury, back disability, shoulder disorders, foot injuries, eye disorder, heart disorder, lung disease, psychiatric disorder, diabetes mellitus, asbestosis, COPD, cervical spine disorder, hemorrhoids, tinnitus, and loss of teeth are not supported by the evidence of record.

The Board has determined that the veteran filed timely substantive appeals for service connection claims related to spinal trauma, brain trauma, PTSD, and asbestosis. The appeal is granted.