Asbestosis decisions — 2009

The Veteran's death was not caused by a service-connected condition, and his claims for service connection were denied.

The Veteran's claims for service connection for IBS and tinea versicolor, as well as his increased rating claim for migraine headaches, have been denied. The Veteran does not currently have a diagnosis of IBS, and the Board finds that there is insufficient evidence to support a finding of service connection for these conditions. His migraine headaches are currently rated at 30 percent disabling.

The Board has determined that the Veteran was exposed to asbestos in service and his current diagnosis of asbestos-related lung disease is related to this exposure. Therefore, the claim for service connection for asbestosis is granted.

The Board has remanded the case for further development, including a VA examination to determine if the Veteran's asbestosis is related to his active duty service. The claim will be reconsidered and an SSOC will be provided.

The Veteran is seeking service connection for hernia, ulcer, gastroenteritis, asbestos exposure residuals, liver cysts (claimed as due to herbicide exposure), and colon cancer. The claims are being remanded for further development.,The Veteran seeks service connection for a duodenal ulcer, gastroenteritis, and asbestos exposure residuals. The claims are being remanded for further development.,The Veteran is seeking service connection for gastroenteritis. The claims are being remanded for further development.,The Veteran is seeking service connection for asbestos exposure residuals. The claims are being remanded for further development.,The Veteran seeks service connection for liver cysts (claimed as due to herbicide exposure) and colon cancer (claimed as due to herbicide exposure). The claims are being remanded for further development.,The Veteran is seeking service connection for colon cancer (claimed as due to herbicide exposure). The claims are being remanded for further development.

The Board has granted service connection for asbestosis and assigned a 10 percent evaluation effective from August 3, 2006. The Veteran's disability picture is shown to be productive of pulmonary function testing (PFT) showing a Forced Vital Capacity (FVC) between 75 to 80 percent predicted.

The Veteran's disability evaluation for benign pleural plaquing due to asbestos was reduced from 60 percent disabling to noncompensable effective July 1, 2007. The Board has determined that further development is needed before a final decision can be made.

The Veteran's claim of entitlement to service connection for asbestosis was denied by a February 2004 rating decision. The evidence submitted since then has not previously been considered, relates to an unestablished fact necessary to substantiate the claim, and when presumed credible, raises a reasonable possibility of substantiating the claim.

The Board has granted an initial 60 percent rating for the Veteran's asbestos-related pleural disease, which generally manifests as a DLCO(SB) of at worst between 47 and 54. This is based on his service-connected bilateral pleural plaques due to asbestos exposure.

The Board has determined that the Veteran's claimed respiratory disorder, including asbestosis, was not incurred or aggravated by service and is not related to any in-service event. The preponderance of evidence does not support a finding of service connection.

The Board found that the Veteran's hypertension is not service-connected and denied his claim for an increased evaluation of COPD. The evidence did not support a higher rating based on the severity of his COPD.

The Veteran's claims for service connection were denied as there was no evidence of asbestos exposure during service, and the Board found that his colon cancer is not related to active service.

The Veteran's claims for service connection for Type II diabetes mellitus, bronchitis, and asbestosis-related lung disease have been denied. The Board found that the preponderance of evidence is against a finding of current disabilities in each case.,Specifically, there was no evidence to support a diagnosis of Type II diabetes mellitus or bronchitis during service or at any time thereafter. Service connection for asbestosis-related lung disease could not be granted because the Veteran did not have asbestos exposure during service.

The Veteran's claims for increased ratings are being remanded due to the need for additional medical examinations to accurately assess his service-connected disabilities.

The Board has determined that additional development is needed to determine if the Veteran was exposed to asbestos during service and whether his asbestosis is related to such exposure. The case is therefore being remanded for further action.

The Board has determined that the Veteran's bilateral hearing loss and pleural calcifications due to asbestos exposure do not warrant an initial compensable rating.

The Board denied the Veteran's claims for service connection for various conditions, including PTSD, thyroid disease or injury, psoriasis of skin, retinopathy, and asbestos-related disease. The decision found that the Veteran was not credible regarding his in-service experiences and did not meet the criteria for service connection.

The Veteran's service connection claims for alcoholic dementia, depression, lung disability (asbestos exposure), and hearing loss are all denied as the evidence does not support a finding that these conditions were incurred or aggravated by military service.

The Board found that the Veteran's lung and cardiovascular diseases were not incurred or aggravated by service, including as due to in-service asbestos exposure. The preponderance of evidence is against a nexus between current lung and cardiovascular disabilities and any incident of service.

The Veteran's claim for service connection for asbestosis was denied because there is no medical evidence linking the current lung disorder to his active duty service.