Asbestosis decisions — 2007

The veteran's claims for bilateral hearing loss, left shoulder disability, and colon polyps were granted. The claims for bowel obstruction, exposure to asbestos, shingles, and chest pain are not on appeal.

The veteran's claim for an initial compensable evaluation for asbestosis is remanded due to the need for additional VA examination and development of medical records.

The veteran's claims for higher ratings for asbestosis and degenerative changes of the lumbar spine were granted, but his reduction from a 100% to a 10% disability rating for prostate cancer was upheld. The effective date is not specified.

The Board denied the veteran's claims for service connection for PTSD, hearing loss, tinnitus, asthma, COPD, and asbestosis. The reasons given were that there was no proof of combat exposure or credible supporting evidence of the claimed stressors, and the conditions did not meet the criteria for direct service connection.

The Board has determined that the veteran's current diagnosis of asbestosis is related to his in-service exposure to asbestos, and thus grants service connection for asbestosis.

The veteran's appeal has been withdrawn, and the case is dismissed.

The Board finds that the veteran does not have a current diagnosis of asbestosis and there is no evidence linking his current pulmonary pathology to service. The preponderance of the evidence is against the claim for service connection.

The VA denied the veteran's claims for increased ratings for obstructive pulmonary disease with asbestosis and actinic keratosis of the scalp, finding that the evidence did not meet the criteria for a higher rating under the applicable diagnostic codes.

The Board has remanded the case for additional development, including obtaining medical opinions and records related to the veteran's exposure to asbestos during service.

The veteran's service-connected asbestosis results in forced vital capacity (FVC) of 97.9 percent predicted and diffusion capacity of the lung for carbon monoxide by the single breath method (DLCO(SB)) of 67.3 percent predicted, which does not meet the criteria for a higher rating than 30%.

The Board has determined that there is no competent evidence of a current respiratory disorder, to include asbestosis. Therefore, the claim for service connection for a respiratory disorder, to include asbestosis, is denied.

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

The case is being remanded for additional development of medical records and a VA examination to determine the extent and severity of the veteran's service-connected asbestos lung disease.

The veteran withdrew his appeal for service connection for hypertension and heart disease prior to the Board's decision. The issue of an initial compensable rating for pleural plaques and calcified asbestosis node is being remanded for further development.

The VA determined that the veteran does not have a currently diagnosed disability of asbestosis and therefore denied service connection for this condition.

The Board has determined that the veteran's pulmonary asbestosis, diagnosed as COPD, does not warrant a rating higher than 30 percent before September 26, 2006. From September 26, 2006, forward, it does not meet criteria for a 100 percent rating.

The Board has denied the veteran's claims for service connection for asbestosis, low back disability, prostate disability, residuals of burn scars on the back and left arm, status post fracture of distal phalanx of the left great toe, and a compensable evaluation for bilateral hearing loss and tinea pedis. The issues of increased ratings for hypertension and service connection for residuals of a left ankle injury are remanded.

The Board denied service connection for PTSD and lung disorder/asbestosis as the claimed stressors are not supported by credible evidence, and there is no direct evidence of a current disability.

The veteran's appeal is being remanded due to the need for consideration of additional VA clinical records from Omaha, Nebraska. The issue remains about entitlement to an initial compensable evaluation for asbestosis.

The Board denied the veteran's claims of service connection for asbestosis and a compensable evaluation for low back strain, finding that there was no evidence to support these claims.