Asbestosis decisions — 2008

The Board has determined that new and material evidence has been received to reopen the veteran's claim of entitlement to service connection for asbestosis, which was previously denied in September 2002. The appeal is granted.

The Board found that new and material evidence had not been submitted to reopen the claim for service connection for asbestosis, resulting in a denial of the claim.

The Board has granted a 100 percent disability rating for the veteran's asbestosis, formerly radiogenic pleural plaques. The issue of entitlement to TDIU is dismissed due to the effective date of the increased rating.

The Board has remanded the case for further development, including pulmonary function tests and an opinion on the veteran's ability to work due to his service-connected lung disorder.

The Board has determined that the VA examination and development were inadequate, and thus remands the case for further action.

The Board has reviewed the veteran's claims for service connection for various conditions, including asbestosis (also claimed as COPD), PTSD, positive TB test, hypertension, degenerative disc disease of the lumbar spine with lumbago and sciatica, scoliosis, and skin fungus. However, there is no competent medical evidence to support a finding that any of these conditions were incurred or aggravated by service.

The Board found that the veteran does not have a clear diagnosis of asbestosis and denied his claim for service connection.

The veteran was granted service connection for asbestosis in March 2006, effective August 13, 2002. The Board found that the claim had been reopened and new evidence submitted since the previous denial.

The Board has reopened the veteran's claim for service connection for asbestosis and granted it. The claim for service connection for bilateral knee disorder was denied.

The Board finds that the veteran's asbestosis was not incurred in or aggravated by his military service. The claim for PTSD is remanded.

The Board has granted the veteran's claims for an extension of temporary total rating due to treatment for service-connected right knee disability and increased ratings for hiatal hernia. The appeals regarding service connection for respiratory, sinus, bilateral foot, left knee, and right shoulder disabilities are denied.

The veteran's claims for service connection for asbestos-related disorder, asthma, sleep apnea, and fungal disorder on the foot and back are all denied as there is no competent medical evidence showing current diagnoses of these conditions.,Service connection for hypertension is also denied as there is no evidence of hypertension during service or within one year post-service.

The Board has determined that a remand is required due to the conflicting medical opinions regarding the veteran's asbestosis and the need for additional treatment records. The case will be readjudicated after these actions.

The VA determined that the veteran's asbestos-related pleural plaques do not meet the criteria for a compensable disability rating, as they are not productive of any significant functional impairment.

The Board denied the veteran's claims for service connection for various conditions, including asbestosis, hypertension, renal failure, irritable bowel syndrome, coronary artery disease, arthritis of the hands, and headaches. The reasons given were that there was no evidence linking these conditions to service or any service-connected disabilities.

The Board has granted the veteran's request to reopen his claim for service connection for asbestosis, finding that new and material evidence has been submitted. The case is now remanded for further development.

The Board has determined that the veteran's asbestosis with pleural plaques does not warrant a disability rating in excess of 30 percent, based on the current evidence of record.

The Board has remanded the case for further development regarding the veteran's claim of service connection for asbestosis, including verification of exposure and a VA examination.

The Board has remanded the case for compliance with Hupp v. Nicholson and Dingess/Hartman requirements, including providing proper notice to the appellant regarding service connection for cause of death and effective date considerations.

The Board has remanded the case due to insufficient evidence regarding in-service asbestos exposure and a current lung disability. The veteran's claim will be reconsidered after further development.