Asbestosis decisions — 2008

The Board has remanded the case due to conflicting medical opinions regarding the diagnosis of asbestosis and the need for a nexus opinion linking current respiratory disorder(s) to in-service asbestos exposure.

The veteran is seeking service connection for asbestosis, but the claim has been remanded due to uncertainty about whether he currently has this condition and if it is related to his military service.

The veteran's interstitial lung disease, including asbestosis, has not shown symptoms warranting a rating higher than the current 30 percent assigned since December 28, 2001.

The Board denied the veteran's claims for service connection for hypertension, asbestosis, and residuals of colorectal cancer (claimed as stomach problems) due to lack of evidence linking these conditions to his military service.

The veteran is seeking an increased initial evaluation for his service-connected asbestosis, but the case must be remanded to obtain additional medical development before it can be adjudicated.

The Board denied the veteran's claims for service connection for degenerative arthritis of the spine, residuals of crushed fingers, and a pulmonary disorder (claimed as asbestosis), finding that these conditions were not incurred or aggravated by active service. The Board also found that impaired renal function was proximately due to or the result of a service-connected disability.

The Board has remanded the case for additional development, including scheduling a VA examination to determine if asbestos exposure during service may have caused or aggravated any current respiratory disability. The veteran's claim for an increased rating for PTSD remains pending.

The veteran's appeal is being remanded for additional development, including obtaining Social Security Administration records and scheduling a videoconference hearing.

The veteran's asbestosis was not attributed to his period of active service, and the Board denied his claim for service connection.

The veteran's initial compensable rating for asbestosis was granted from August 12, 2003 through September 26, 2005. From September 27, 2005 through July 12, 2007, the veteran received a staged rating of 10 percent for his service-connected asbestosis.

The veteran's claim for service connection for asbestosis and an increased rating for bilateral hearing loss was denied. The Board found that the evidence did not support a grant of service connection for asbestosis, but noted that additional medical examination may be needed to clarify any current lung disorders.

The Board found that the veteran's death was not caused by or related to asbestos exposure or asbestosis, and thus denied service connection for the cause of death.

The Board denied service connection for a lung disorder due to asbestos exposure and in-service cigarette smoking, but granted new and material evidence for the skin disorder claim.,Service connection was not established for PTSD.

The veteran's claims for service connection were denied. The Board found that the evidence did not support a finding of asbestos exposure, and his breathing disorder, irregular heart beat, and skin cancer are not shown to be related to service or any presumptive conditions due to herbicide exposure. His left testicular tumor and liver tumor are also not shown to be related to service or any presumptive conditions. The veteran's PTSD is rated as 30 percent disabling.

The Board dismissed the appeal concerning an increased evaluation for hearing loss. The claims of service connection for a lung disability and coronary artery disease were denied as new and material evidence was not received.

The veteran's service-connected asbestos-related pleural disease has worsened, and he is seeking a higher initial disability rating than the current 30 percent. The VA has remanded the case for further evaluation to determine if his condition warrants an increased rating.

The Board found no evidence to support the veteran's claims for service connection for asbestosis or COPD, and denied his claim.

The veteran's claim for an earlier effective date of the increased rating for asbestosis is denied. The Board found that there was no factual ascertainability of an increase in disability prior to October 29, 2004.

The veteran's claims for service connection are being remanded due to incomplete verification of her periods of active duty for training and inactive duty for training. Additional VA examinations will be scheduled to determine the nature, extent, and etiology of her claimed conditions.

The Board has denied service connection for various conditions including right eye disability, left eye disability, hemorrhoids, sinus disability, sleep apnea, and asbestosis. The veteran's claims have not been substantiated.