Asbestosis decisions — 2009

The Board has granted exposure to asbestos during service, but the appeal is remanded for further clarification on whether any current lung condition is related to service or post-service onset.

The Veteran is granted service connection for asbestosis, but not for his other lung conditions. The Board finds that the preponderance of evidence does not support a finding of service connection for COPD and emphysema.

The Board denied the Veteran's claims for increased ratings and earlier effective dates for service connection, as well as his claims for bilateral hearing loss, tinnitus, asbestosis, PTSD, and cysts on the face, arm, back, and thigh. The Veteran was granted service connection for irritable bowel syndrome with a 10% rating effective September 3, 2004.

The Board has determined that the Veteran's lung disorder, diagnosed as asbestosis, is service connected due to exposure during his active duty aboard the U.S.S. Bennington in May 1954. The cardiovascular disorder is also service-connected as it is at least as likely as not caused by or aggravated by the now-service-connected lung disorder.

The Board has reopened the Veteran's claim of service connection for pulmonary asbestosis and asbestos-related pleural disease, finding new and material evidence. The issue is now on the merits.

The Board has reopened the Veteran's claim for service connection for PTSD and found new and material evidence. The claims for bilateral hearing loss, respiratory disorder associated with asbestos exposure, chronic left knee disorder, and chronic right knee disorder are denied as not shown during active duty or related to service. The appeal is granted on reopening of the PTSD claim.

The Board has determined that the veteran's asbestosis contributed to his death, and thus service connection for the cause of the veteran's death is granted.

The Veteran's service-connected pulmonary asbestosis is currently rated at 10 percent, and the Board has granted a higher initial evaluation of 30 percent.

The Board has remanded the case due to insufficient evidence regarding the Veteran's in-service asbestos exposure and its relation to his current asbestosis diagnosis. The AMC/RO is instructed to obtain additional information from service records, contact relevant agencies for unit records, and schedule a VA examination to determine if the Veteran's asbestosis is related to his alleged in-service or post-service asbestos exposure.

The Veteran's claim for service connection for bronchitis, COPD, and asbestosis is being remanded due to the need for additional medical examination and development of evidence.

The Board found that the Veteran's asbestosis is not related to his service and denied his claim.

The Board has remanded the case for additional development and notification, including obtaining medical records from UPMC.

The Board has determined that the Veteran's asbestos-related pleural disorder is due to his service exposure to asbestos, and thus grants service connection for this condition. The claim for sinus bradycardia remains pending as there are no records of such a diagnosis in the STRs.

The Board has remanded the case for further development, including a supplemental opinion from the VA physician regarding the Veteran's employability due to his service-connected disabilities.

The Veteran's appeal involves multiple service connection claims for various conditions, including hepatitis C, abdominal disability, head injury/concussion, eye injury/abrasion, black widow spider bite, and asbestos exposure-related disabilities. The case is being remanded to obtain additional medical records and conduct further examinations.

The Veteran's claim for service connection for asthma and asbestosis is being remanded to obtain additional development, including a VA examination and review of private medical records.

The Board denied the Veteran's claims for service connection for major depressive disorder, alcohol abuse, asbestosis, and hepatitis C. The decision found that alcohol abuse was not incurred in or aggravated by service due to his own willful misconduct. Asbestosis and hepatitis C were also not shown to be related to service.

The Board has vacated its July 30, 2009 decision due to the receipt of additional evidence. The reduction in rating for bilateral pleural disease as a result of asbestos exposure from 60% to 0% was proper. However, there is no compensable rating for this condition during the appeal period and the Veteran is not individually unemployable.

The Board has determined that the appellant's current hearing loss disability is etiologically related to his military service, and thus grants service connection for bilateral hearing loss disability. Regarding the respiratory disorder claim, an examination is needed to determine if the appellant's conditions are due to service or other factors.

The Board found that the Veteran's COPD or asbestosis did not result from any in-service exposure to asbestos, and thus denied service connection for these conditions.