Asbestosis decisions — 2008

The veteran's death was caused by asbestosis, which he had been service-connected for. However, the appellant and the veteran were not legally married for a continuous period of at least 8 years immediately preceding the veteran's death, thus she does not meet the legal requirements to receive enhanced DIC benefits.

The Board has determined that service connection is not warranted for asbestos exposure, herbicide exposure, or PTSD. The veteran's claims are denied.

The Board denied the appellant's claim for enhanced DIC benefits under 38 U.S.C.A. § 1311(a)(2) based on her husband's service-connected disabilities, finding that he was not rated as totally disabled for at least eight years prior to his death.

The Board has remanded the case for further development due to an undeliverable address, and the veteran's representative should be notified of the June 2008 supplemental statement of the case (SSOC).

The Board denied the appellant's claims for increased ratings for his left knee disability and service connection for respiratory disorders, vision loss, and hypertension. The decision also noted that a claim of service connection for PTSD was referred to the RO.

The Board has remanded the veteran's claim for service connection for COPD due to asbestos exposure, as well as his attempt to reopen previously denied claims for service connection for asbestosis and silicosis. The case is being referred back to the AMC/RO for further action on these issues.

The Board denied the veteran's claims for an initial evaluation in excess of 0 percent for onychomycosis and service connection for asbestosis. The veteran was not granted any disability ratings or effective dates.

The Board found that the veteran did not engage in combat with the enemy and thus could not establish service connection for PTSD based on a stressor related to his military duties. The claim for asbestosis was also denied due to lack of evidence supporting the claimed exposure.

The veteran's initial claim for a compensable rating for asbestosis prior to June 13, 2006 was denied. A 10 percent rating has been assigned from June 13, 2006 through November 28, 2006 and a 60 percent rating since November 29, 2006.

The Board found that the veteran's asbestosis did not result from any in-service exposure to asbestos and denied his claim for service connection.

The Board has denied the veteran's claims for service connection for bilateral hearing loss, tinnitus, and asbestosis. The evidence does not support a current disability in any of these conditions.

The Board denied the veteran's claim of service connection for a lung disorder, including COPD and asbestosis, due to lack of new and material evidence.

The veteran's appeal is being remanded due to the need for a VA pulmonary examination, which must include both Forced Vital Capacity (FVC) and Diffusion Capacity of the Lung for Carbon Monoxide by the Single Breath Method (DLCO).

The Board has determined that there is no current medical diagnosis of asbestosis related lung disability, and thus the claim for service connection cannot be granted.

The Board denied the veteran's claims for service connection for asbestosis, asthma, and COPD due to asbestos exposure. The evidence did not support a current diagnosis of these conditions or establish their relationship to active service.

The Board found that the veteran does not have asbestosis or a restrictive lung disease that is related to his military service, including exposure to asbestos.

The Board has granted service connection for left ear hearing loss and denied service connection for right ear hearing loss, asbestosis, back disorder, and hypertension. Service connection is granted for left ear hearing loss due to in-service noise exposure. Right ear hearing loss, asbestosis, and back disorder are not related to military service. Hypertension was diagnosed during the appeal period.

The VA determined that the veteran's asbestosis is not related to his military service and denied his claim.

The Board has granted the veteran's claim for service connection for a pulmonary condition, claimed as COPD and/or asbestosis, related to asbestos exposure during service. The issue of entitlement to service connection for benign prostate hypertrophy is also addressed in this decision.

The Board has remanded the case for further development, including obtaining VA and non-VA treatment records, scheduling a medical examination, and readjudicating the claim with consideration of all applicable laws and regulations.