Asbestosis decisions — 2009

The Board denied the Veteran's claims for service connection for asbestosis and chronic obstructive pulmonary disease (COPD) because the evidence did not support a finding that these conditions were due to any incident or event in his active service, including exposure to asbestos.

The Board found that the Veteran's respiratory disability did not warrant a rating in excess of 60 percent prior to April 1, 2008, and that the reduction from 60 percent to noncompensable was proper. The Board also determined that there was no evidence supporting service connection for COPD.

The appeal is remanded to the RO for further development and readjudication of the veteran's claims.

The Veteran's right knee disability was not found to warrant a rating in excess of 10 percent, and service connection for asbestosis was denied.

The issues of entitlement to service connection for residuals of asbestos exposure and Dependency and Indemnity Compensation (DIC) are remanded for additional notice.

The Veteran's claim for an initial compensable rating for service-connected asbestos related pleural disease was remanded for a new VA examination to assess the current severity of his condition.

The Board concluded that the preponderance of the evidence is against a finding that the Veteran currently suffers from asbestosis that is the result of a disease or injury in service.

The Veteran's claims for an increased rating for postoperative residuals of right herniorrhaphy and hydrocele repair, service connection for erectile dysfunction and special monthly compensation due to loss of use of a creative organ, and service connection for asbestos-related lung disorder were denied.

The appeal was denied as there is no competent medical evidence of record that shows the Veteran is currently diagnosed with asbestosis, and new and material evidence has not been received to reopen the claim for hearing loss.

The appeal is remanded to the RO for further development and readjudication of the Veteran's claims.

The Board denied the Veteran's claims for service connection for chronic bronchitis, epididymitis, chronic disability manifested by allergies, bilateral knee disability, and a back disability as there was no competent medical evidence linking these conditions to his military service.

The appeal is remanded for additional development, including notice to the veteran regarding his increased rating claims and CUE claim.

The Board denied service connection for a low back condition, lung disease, gastrointestinal condition, and prostatitis as the evidence did not support a finding that these conditions were incurred in or aggravated by active service.

The veteran's claims for service connection for a perforated right ear drum, hearing loss, pes planus, and a respiratory disorder are being remanded to obtain additional evidence.

The Veteran's asbestosis was granted a 30 percent evaluation based on pulmonary function test results showing FVC at 66.5% predicted and DLCO at 64.6% predicted.

The Board has reopened the veteran's claims for service connection for a right knee disorder, seasonal allergies/rhinitis, a respiratory condition and tinnitus. However, the evidence does not support an increased rating for his current conditions.

The veteran withdrew appeals for service connection for sleep apnea, headaches, skin disorder, asbestos exposure, lung disorder, buttocks injury, arthritis of the dorsal spine (claimed as back, left hand, neck, knees, ankles, and legs), pes planus, refractive error, cystitis, bilateral carpal tunnel syndrome, bursitis, left shoulder, enlarged heart, and compression fracture, T3-8.

The appeal is remanded to obtain additional evidence and conduct further development of the claims for service connection for various disabilities.

The Board reopens the claim for service connection for a lung disorder, including COPD (claimed as pulmonary artery disease, asbestosis, COPD, and emphysema), but denies the underlying service connection claim.

The Board denied the veteran's claims for service connection for degenerative bone or joint disease, psychosis, residuals of a head injury, and residuals of exposure to asbestos and ionizing radiation as there was no evidence of a nexus between any currently diagnosed conditions and his period of active service.