Asbestosis decisions — 2009

The Board granted an initial evaluation of 60 percent for asbestos-related pleural plaque disease, effective from the date of the grant of service connection (December 2, 1998).

The Board finds that the Veteran's current respiratory disorders are not related to service, specifically his exposure to asbestos. The preponderance of evidence is against a relationship between the Veteran's current respiratory disorders and service.

The Veteran's asbestosis disability was rated at 10 percent effective September 29, 2008. The appeal is granted for this rating.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claims of entitlement to service connection for radiation exposure residuals and asbestos exposure residuals.

The Board has determined that the Veteran's cause of death, including asbestosis and ischemic heart disease, was not incurred or aggravated by service. Asbestos exposure is not presumed due to military service.

The Board has determined that the Veteran does not currently have asbestosis and therefore, service connection for this condition cannot be granted.

The Veteran's service records do not show any chronic hemorrhoids or asbestos exposure. His current degenerative disc disease of the lumbosacral spine does not meet the criteria for a higher rating as it has not resulted in unfavorable ankylosis.

The Board has determined that the Veteran has an asbestos-related pleural condition resulting from exposure to asbestos in service, and granted service connection for this condition.

The Board finds that the Veteran's service connection for asbestosis is granted, with a finding of direct service connection due to exposure during military service.

The Board found that the Veteran does not have asbestosis related to active duty service and may not be presumed to have been incurred in service.

The Board found that the Veteran's asbestosis was not incurred in or aggravated by service, and denied his claim for service connection.

The Veteran's service-connected asbestosis has been rated at a 30 percent disability rating since the date of initial service connection on April 5, 2006. The Board finds that this rating is appropriate based on the clinical evidence showing single breath Diffusion Capacity of Carbon Monoxide (DLCO) of 64 percent of predicted value.

The Board has remanded the case for further development, including obtaining a ship's history and VA examination to determine if the Veteran currently has asbestosis.

The Board found that the Veteran's current lung disorder, including chronic obstructive pulmonary disease and asbestosis, was not incurred in or aggravated by active service. The evidence did not establish a link between the Veteran's current condition and his military service.

The Board has remanded the case for further development due to inconsistencies in the medical evidence regarding the Veteran's respiratory disorder and pleural plaques.

The Veteran's asbestos-related pleural disease is currently rated at 30 percent, the maximum schedular rating available under Diagnostic Code 6833. The evidence does not support a higher initial rating.

The Board has reopened the claim of service connection for an asbestos related pleural disease. The case is remanded to determine if there was post-service exposure to asbestos and to obtain a VA examination to assess the etiology of the Veteran's asbestos related pleural disease, including whether it is secondary to his enlarged heart.

The Veteran's asbestosis was incurred in service due to asbestos exposure.

The appeal is remanded to the RO for a personal hearing on all service connection issues and an additional Statement of the Case regarding hypertension.

The appeal is remanded for a videoconference hearing to be scheduled.