Asbestosis decisions — 2009

The Veteran's claim for service connection for residuals of asbestos exposure and major depressive disorder with psychotic features (claimed as depression, anxiety, paranoia, obsessive compulsive disorder, and hypochondria) is denied because there is no competent medical evidence that the Veteran currently has any residual disability from asbestos exposure or a psychiatric condition.

The Board has determined that new and material evidence has not been received to reopen the Veteran's previously denied claim of service connection for asbestosis. The issue remains unresolved.

The Board denied the Veteran's claims for service connection for bilateral hearing loss, tinnitus, and a respiratory disorder. The decision found that his current conditions are not related to his active service or any aspect thereof.

The Board denied the Veteran's claims for service connection for COPD with interstitial fibrosis (asbestosis) and CAD, both claimed as resulting from asbestos exposure. The evidence did not support a finding of direct service connection.

The Board found that the Veteran's obstructive airway disease, claimed as asbestosis, had its onset in service and granted service connection for this condition.

The veteran's appeal for an increased initial evaluation for pulmonary asbestosis has been dismissed because he withdrew his appeal in May 2009.

The Board has determined that the Veteran's asbestosis does not warrant a rating in excess of 10 percent, and thus denied his claim for an increased disability rating.

The VA denied a higher initial evaluation for asbestosis, finding that the Veteran's pulmonary function tests did not meet the criteria for a rating in excess of 10 percent.

The Board has granted service connection for a heart disorder secondary to the Veteran's service-connected moderately severe airflow obstruction with asthmatic component including asbestosis. The appeal regarding CUE in the March 22, 1979 rating decision is considered timely filed but not granted.

The Board has reopened the Veteran's claim for service connection for asbestosis and found that new evidence received since the last denial supports this claim. The Veteran is now entitled to a determination on whether his current asbestosis is related to his military service.

The Veteran's eye disorder is not service-connected. The Board grants service connection for asbestosis and lung cancer, both related to asbestos exposure during military service.

The VA denied an increased rating for asbestosis, finding that the Veteran's symptoms did not warrant a higher evaluation based on his pulmonary function tests.

The Board has denied the Veteran's claims for service connection for a lung disability due to asbestos exposure and for increased ratings for bilateral hearing loss.

The Board has determined that the Veteran does not have a current diagnosis of asbestosis or any other pulmonary/respiratory disability related to service, and thus denied the claim for service connection.

The Veteran's claim for service connection for chronic obstructive pulmonary disease, claimed as asbestosis, is being remanded due to the need for a Board hearing.

The Board has determined that the Veteran's preexisting chronic headache disability was aggravated by service, and thus is entitled to service connection. The Veteran's hemorrhoids are not shown to be related to his active duty service.

The Board found that the Veteran's asbestosis did not result in any significant respiratory defects, and thus denied an initial compensable rating.

The Board found that the Veteran's asbestosis and left thigh disability are not related to service or any service-connected condition, thus denying both claims.

The veteran's asbestosis is rated at 60 percent disabling from November 29, 2005. His PTSD remains at a 30 percent rating.

The Veteran's respiratory symptoms are attributed to COPD, not asbestosis. The Board denied service connection for asbestosis and related conditions due to lack of evidence linking the current disability to service.