Asbestosis decisions — 2009

The Board has granted a 10% rating for the Veteran's service-connected hearing loss of the right ear. The claim for service connection for asbestosis is remanded due to lack of response and need for additional development.

The Veteran claims he developed asbestosis during his military service, specifically while stationed aboard the USS Fremont in 1966. The VA needs to obtain additional records from his second period of service and determine if there is evidence of asbestos exposure before, during, or after his active duty.

The Veteran's appeal for an initial compensable evaluation for asbestosis was granted, but the RO assigned a noncompensable rating. The issues of service connection for right ear hearing loss and acoustic neuroma were withdrawn by the Veteran prior to the Board's decision.

The Veteran's claim for an initial compensable rating for asbestosis and service connection for chronic obstructive pulmonary disease is being remanded due to the need for additional examination, testing, and medical opinion.

The Board has denied the Veteran's claims for service connection for right eye pterygium, asbestosis, facial skin condition, and gall bladder condition. The evidence does not support a finding of these conditions during or after service.

The Veteran's asthma and asbestosis claims were denied on the merits. The Board found no evidence linking these conditions to active service.

The VA determined that the Veteran's current respiratory disorders, including asbestosis and coal worker's pneumoconiosis, are not related to his military service or any inservice asbestos exposure.

The Board has denied service connection for an inguinal hernia, residuals of exposure to asbestos, and residuals of exposure to lead paint. The Veteran's claim for a left eye disability is pending.

The Board finds that the Veteran does not have a current asbestos exposure-related disability, such as asbestosis or lung cancer. The evidence does not support a finding of service connection for these conditions.

The Veteran has withdrawn his appeals for earlier effective dates in both cases, and the Board does not have jurisdiction to review these issues.

The Veteran's claims for an initial compensable rating for asbestos-related pleural disease, service connection for bilateral hearing loss, and service connection for tinnitus were denied. The Board found that the Veteran's hearing loss and tinnitus are not etiologically related to active service.

The Board has remanded the case due to the need for a VA examination regarding the appellant's asbestos-related calcifications and their relation to service.

The Veteran's asbestosis is not productive of disability greater than Forced Vital Capacity measured at 65-74 percent predicted or Diffusion Capacity of the Lung for Carbon Monoxide measured at 56-65 percent predicted, which does not warrant a higher rating.

The Board denied service connection for a dental condition, bilateral eye disorder, skin cancer, and lung disorder (claimed as due to asbestos exposure), finding no evidence of in-service injury or disease. The effective date for the grant of service connection for tinnitus was set at January 17, 2008.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the severity of his asbestosis.

The Board has determined that the grant of service connection for residuals of asbestos exposure was not clearly and unmistakably erroneous, thus restoring service connection.

The appeal is dismissed due to the death of the appellant.

The Board found that the reduction in rating for bilateral pleural disease as a result of asbestos exposure from 60 percent to 0 percent was proper. The Veteran's service-connected bilateral pleural disease has not affected his pulmonary function studies and has produced no disability since 2004. Therefore, an increased rating is denied.

The Board denied the Veteran's claims for service connection for asbestos exposure, emphysema, COPD, and PVD due to a lack of evidence linking these conditions to his military service.

The Board found that the Veteran does not have asbestosis or other interstitial lung disease related to service exposure, and thus denied his claim for service connection.