Asbestosis decisions — 2008

The veteran is seeking service connection for asbestosis, but the VA has not met its duty to assist due to missing service medical records and a lack of a nexus opinion. The case is REMANDED for further development.

The Board has granted service connection for a respiratory disability associated with in-service asbestos exposure. The heart disease claim is being remanded to determine if it is secondary to the service-connected respiratory disability.

The Board has determined that service connection is not warranted for asbestos related lung disease as the evidence does not establish a direct relationship to service, and significant pre- and post-service asbestos exposure is present.

The Board denied service connection for a prostate disorder, finding no evidence of chronic prostatitis in service and noting the absence of treatment records indicating symptoms until many years after discharge. The claim was also denied on secondary basis as there is no medical evidence linking the current condition to any service-connected disability.,Service connection for a respiratory disorder (asbestosis) was also denied, with the Board finding that post-service civilian asbestos exposure outweighed any potential service-related exposure and noting insufficient medical evidence to establish a link between the veteran's current condition and his military service.

The VA determined that the veteran does not have a current diagnosis of asbestosis and therefore denied his claim for service connection.

The Board has remanded the case for further development, including obtaining medical opinions regarding the appellant's hearing loss and tinnitus, as well as a respiratory disorder due to asbestos exposure. The claims will be reconsidered based on the additional evidence.

The Board finds that the veteran does not have a current lung disability or hearing loss that is due to his military service, including exposure to asbestos. The evidence does not support a finding of service connection for these conditions.

The veteran's appeal is being remanded to obtain additional medical opinions regarding his claimed hearing loss, back disorder, and pulmonary disorders. The issues of service connection for hypertension and a psychiatric disorder are also being remanded.

The Board denied an earlier effective date for service connection of asbestosis, and the claim for increased evaluation remains pending.

The Board has determined that a remand is necessary to obtain additional VA medical records and to provide the veteran with an appropriate VA examination for his asbestosis. The TDIU issue is also inextricably intertwined and will be deferred until further notice.

The veteran's claim for service connection for asbestosis was denied. The claims for service connection for anxiety, hearing loss, and tinnitus are also denied.

The Board denied the veteran's claim of service connection for asbestosis, finding that there was no credible evidence of asbestos exposure in service and concluding that his current lung disorder is not shown to be related to service.

The veteran's respiratory disability, asbestos pleural related disease, is attributable to exposure to asbestos during military service and has been granted service connection.

The Board has ordered the VA to locate the veteran's service medical records and attempt to reconstruct them. The claims for reopening a claim for asbestosis, secondary service connection for sinusitis, and secondary service connection for headaches are pending.

The Board found no evidence of COPD or asbestosis in service, and the only competent opinions regarding their etiology were against the claim. The veteran's smoking history was also considered.

The Board has dismissed the appeal due to the appellant's withdrawal of the appeal.

The veteran's service-connected pulmonary asbestosis disability is so severe that it makes him unable to secure and follow a substantially gainful occupation, warranting a TDIU.

The Board found that the veteran's current asbestosis is not related to his active military service and denied his claim.

The Board denied the veteran's claims for service connection for chronic lung disease, bilateral hearing loss, tinnitus, a low back disability, headaches, and hypertension. The evidence did not support a finding of asbestosis or any other chronic lung condition related to service.

The veteran's bilateral hearing loss disability and tinnitus are found to be related to in-service noise exposure. The veteran also has asbestosis with lung scarring, which is linked to his in-service asbestos exposure.