Asbestosis decisions — 2009

The Board has determined that the Veteran's asbestosis and lung cancer are related to asbestos exposure in service, resolving all reasonable doubt in his favor.

The Board denied the Veteran's claim of service connection for asbestosis, finding that there was no current diagnosis and that previous diagnoses were inaccurate.

The Board found that the Veteran's liver disability, hepatitis B and C, low back disability, chronic obstructive pulmonary disease, asbestosis, and major depressive disorder are not related to his service. The diagnoses were attributed to post-service drug use.

The Veteran's calcified pleural plaques and asbestosis are not service-connected.,His current bronchial asthma is currently rated at 30 percent.

The Board found that the Veteran's current respiratory diagnoses are not attributable to service, and thus denied his claim for service connection.

The Board has determined that there is no evidence of asbestosis or an acquired psychiatric disorder (depression) incurred in service, and thus the Veteran's claims for these conditions are denied.

The Board has determined that the Veteran does not have current diagnoses of right ear hearing loss or asbestosis, and thus cannot establish service connection for these conditions.

The Board has remanded the case due to the need for further examination and development of records, including VA medical records from Roseburg and White City.

The Veteran's lung condition, including asbestosis and occupational pneumoconiosis, was not incurred in or aggravated by active service.

The Veteran's pleural plaques due to asbestos exposure were initially rated as zero percent disabling from October 10, 2006. The VA determined that the DLCO (SB) measure of 72.9% predicted in May 2007 met the criteria for a 10 percent disability rating during this period.

The Board has determined that the Veteran's claim for service connection for an asbestos-related lung disorder is granted, as new and material evidence has been submitted. However, the claim for residuals of rheumatic fever is also granted due to continuity of symptomatology since service.

The Veteran's claim for an increased rating for asbestosis with chronic bronchitis is being remanded due to the need for a new VA examination and additional development of his treatment records.

The Board found that the Veteran does not have asbestosis or any other asbestos-related respiratory disability and denied his claim for service connection.

The Veteran's service connection claims for major depression, PTSD based on personal assault, asthma (claimed as secondary to asbestos exposure), and a right knee condition were denied. The denial is due to the lack of evidence supporting these conditions or their relationship to service.

The Veteran withdrew his appeal of the denial of entitlement to service connection for a lung disability due to asbestos exposure at his August 2008 RO hearing.

The Board has determined that the Veteran does not have current diagnoses of bilateral tinnitus or asbestosis, and thus service connection for these conditions is denied.

The Veteran's claim for service connection for asbestosis, claimed as spot on lungs and bronchitis was denied because the evidence did not establish a link between his current respiratory symptoms and active service.

The Veteran's appeal is being remanded for a new VA examination to determine if he has current asbestos-related lung diseases and whether they are related to service.

The Board has determined that the Veteran's death was caused by asbestosis, which is a disability incurred in service. Therefore, the claim for service connection for the cause of the Veteran's death is granted.

The Board has remanded the case for further development, including a VA examination to determine if the Veteran has an asbestos-related respiratory disorder at present.