Asbestosis decisions — 2008

The veteran's initial rating in excess of 30 percent for asbestosis, with COPD, was not met; however, the reduction from a 30 percent evaluation to a 10 percent evaluation is inappropriate and should be restored.

The Board denied the veteran's claim for service connection for a respiratory disorder, as there was no evidence of a current respiratory disorder attributable to his period of service or any incident therein, including exposure to asbestos.

The appeal is remanded for additional development, including notification and an examination to determine the etiology of asbestosis.

The veteran's asbestosis was not related to his period of active military service.

The Board denied service connection for asbestosis, finding that the condition was not present in service and is not otherwise related to service.

The Board denied the veteran's claim for service connection for asbestosis, finding that his respiratory disorder was more likely due to post-service occupational asbestos exposure than to any exposure during military service.

The veteran's asbestosis does not meet the criteria for a rating in excess of 10 percent.

The veteran's claim for service connection for a respiratory disorder to include asbestosis was remanded for further development.

The Board granted service connection for bilateral shin splints, which had its onset in service. The appeal seeking service connection for asbestos exposure was dismissed.

The appeal is remanded to the RO for additional development, including obtaining medical records and a VA examination.

The veteran's claims for service connection for degenerative arthritis of the lumbar spine, tinnitus, and a respiratory condition, to include asbestosis, were denied. The veteran was also found not entitled to a total disability rating based on individual unemployability due to his service-connected disabilities.

The veteran's service-connected asbestosis was rated at 60 percent from September 23, 2005, to March 23, 2006, and the Board found that a rating in excess of 60 percent is not warranted for any time during this period. The veteran also received a total disability rating based on individual unemployability due to his service-connected disabilities.

The appeal is remanded for further evidentiary development, including an adequate VA examination to determine the presence and etiology of asbestosis, and a determination of the level of impairment due to the residuals of a right fifth metacarpal fracture with tendonitis of the right wrist.

The appeal was dismissed due to the veteran's death.

The appeal is remanded to the RO for scheduling a travel board hearing.

The Board denied the veteran's claim for service connection for asbestosis, pleural plaques and scarring of the lungs due to asbestos exposure during military service.

The veteran's claim for service connection for a lung disorder, to include asbestosis and chronic obstructive lung disease (COPD), was remanded for additional development.

The veteran's bilateral hearing loss is service-connected due to in-service noise exposure.

The appeal is remanded to further develop evidence of asbestos exposure and obtain a medical opinion regarding the relationship between any lung disability and service.

The veteran's bilateral hearing loss is granted due to the exposure to acoustic trauma during his period of active service. The appeal for asbestosis was withdrawn by the veteran.