Asbestosis decisions — 2009

The VA Chief Benefits Director denied an extraschedular rating for the Veteran's service-connected asbestos-related lung disease with reactive airways disease, but granted a 40 percent rating on an extraschedular basis.

The Board found that the Veteran's current respiratory disorder(s) are not etiologically related to his active military service, including purported asbestos exposure.

The Board found that the Veteran's current lung disability did not have its onset in service or is etiologically related to any incident, disease, or exposure during his active duty. The claim for service connection was denied.

The Veteran's asbestosis and stomach disorder are found to be related to service exposure, thus granting service connection for both conditions.

The Veteran's claim for service connection for asbestosis is granted. The claims for diabetes mellitus and hypertension are remanded due to the need for additional development regarding exposure to Agent Orange.

The Veteran's claim for service connection for asbestos-related disease, including asbestosis, is being remanded due to insufficient evidence and the need for a new examination.

The Board has determined that the earliest document in the claims file indicating an informal claim of service connection for pulmonary asbestosis was received on August 29, 2005. Therefore, the effective date for the grant of service connection is set at August 29, 2005.

The Board found that the Veteran's service connection claim for a lung disorder, to include as secondary to asbestos exposure, cannot be granted because there is no evidence of in-service asbestos exposure and the weight of medical evidence does not support a current diagnosis of asbestosis or any other lung condition.

The Veteran's appeal is remanded for additional examination to rate his service-connected asbestosis, and to determine the level of current respiratory disability related to this condition.

The Board has granted service connection for a back disability and asbestosis, finding that the Veteran's current conditions are related to his period of active service.

The Veteran's cause of death was due to sepsis, urinary tract infection, chronic obstructive pulmonary disease, and asbestosis. The Board found no service connection for these conditions and denied the claim.

The Board denied service connection for the claimed respiratory disorder, prostate cancer with bladder polyps, traumatic arthritis of the right shoulder, nephrosclerosis, gout, and aortic valve replacement due to lack of evidence of in-service asbestos exposure or other relevant exposures.

The Board has remanded the case for additional development, including a VA examination to determine the etiology of any diagnosed COPD and its relationship to service-connected asbestosis with pleural plaquing.

The Board has determined that the Veteran is not entitled to an increased disability rating for asbestosis and denied his claims of service connection for atrial fibrillation and pericarditis, finding no evidence linking these conditions to active military service or a service-connected disorder.

The Veteran's service-connected asbestosis does not result in the need for regular aid and attendance due to resultant helplessness.

The Board denied the Veteran's claim for service connection for asbestosis, finding no evidence linking his current diagnosis to his military service. The other issues were not addressed due to lack of information.

The Board has remanded the case to obtain a medical opinion regarding whether any lung disorder, including chronic obstructive pulmonary disease (COPD), is related to active service and claimed asbestos exposure.

The Veteran is seeking service connection for asbestosis, which he believes was caused by his military service. The Board has ordered a remand to obtain medical records and clarify whether the Veteran currently has a diagnosis of asbestosis.

The Veteran's lung condition is found to be related to asbestos exposure during service, and the Board grants service connection for residuals of exposure to asbestos.

The Board denied the appellant's claims for service connection for type II diabetes mellitus, a lung disability secondary to asbestos exposure, and depression. The evidence did not show that the appellant served in Vietnam or had any service-connected conditions that could be linked to his current disabilities.