Asbestosis decisions — 2008

The Board has determined that the veteran's coronary artery disease is not proximately due to or aggravated by his service-connected pulmonary fibrosis with obstructive pulmonary disease (also claimed as asbestosis and chronic bronchitis).

The Board denied an earlier effective date for the grant of service connection for asbestosis, including COPD and bronchial asthma. The earliest effective date available is February 7, 1999.

The Board has remanded the case for further development, including obtaining VA medical records and scheduling a respiratory examination. The veteran's claims for service connection are pending.

The Board found that COPD is not etiologically related to inservice asbestos exposure and denied the claim for service connection.

The veteran's emphysema with interstitial fibrosis, pleural plaques and calcification due to asbestos exposure was rated at 30 percent prior to November 28, 2006. From November 28, 2006 to April 9, 2007, the rating increased to 60 percent. Since April 10, 2007, a 100 percent rating is warranted.

The Board denied the veteran's request for an effective date prior to October 13, 2006, for service connection of asbestosis. The claim was based on a diagnosis of pneumonitis/pneumonia in 1989 and misdiagnosis by VA.

The Board found that the veteran's heart disease and neck condition were not incurred in or aggravated by service, and may not be presumed to have been incurred in service.

The Board has determined that service connection is not warranted for asbestos-related pulmonary disability and hearing loss disability. The claim of service connection for PTSD was denied due to the lack of verification of a stressor.

The veteran's claims for increased rating, service connection for back disorder, hearing loss, tinnitus, hepatitis C, and respiratory/lung disease (claimed as a residual of asbestos exposure) were denied. The Board found no evidence of current disabilities or service connection.

The Board has determined that the veteran's pulmonary asbestosis is related to his military service, and hypertension was not present during or within one year after service.

The Board denied the veteran's claims for increased disability rating for asbestosis, service connection for bladder cancer, and service connection for tinnitus. The veteran was not granted any of his claims.

The veteran's claim is being remanded for additional development, including obtaining medical records and scheduling a VA examination to assess the severity of his service-connected lung disability.

The Board found no current diagnoses of asbestosis, COPD, or bilateral pleural calcification with chronic interstitial fibrosis. The veteran's claims for service connection were denied because the evidence did not support a finding that these conditions are related to his military service.

The veteran's claim is being remanded due to the need for a VA examination during warmer weather to assess the severity of his service-connected asbestosis, which may vary throughout the year.

The Board has remanded the case for additional development, including obtaining medical records and providing examinations to determine the etiology of the veteran's claimed conditions.

The Board denied the veteran's claims of entitlement to service connection for asbestos-related pulmonary disorder, arthritis of the right hand, and arthritis of the left hand. The appeals were based on direct service connection.

The Board has determined that the veteran's current respiratory condition, including asbestosis, is not related to his period of active service and therefore denied his claim for service connection.

The Board denied the veteran's claims for service connection for residuals of a right foot injury, residuals of a left foot injury, asbestosis, skin rash of the right index finger, diabetes mellitus to include as due to herbicide exposure, PTSD, emphysema, and an initial rating greater than 10 percent for degenerative joint disease of the right knee.

The veteran's claim for an initial compensable rating for asbestos related pleural disease, in the form of bilateral calcified pleural plaques, was denied as the evidence did not support a compensable rating.

The appeal was to reopen the claim for service connection for asbestosis, but the Board denied service connection.