Asbestosis decisions — 2009

The Board has remanded the case for additional development, including obtaining SSA records and VA/Non-VA medical records.

The Board found that the Veteran's asbestosis and chronic bronchitis are not related to his active service, and thus denied both claims.

The Board finds that the Veteran was exposed to asbestos during his military service and has lung disease, including asbestosis and restrictive lung disease, which is related to this exposure. The COPD diagnosed post-service is not linked to service or asbestos exposure.

The Veteran's appeal has been withdrawn for several issues, and the remaining issue of service connection for respiratory condition to include asbestosis and COPD is addressed in this decision.

The Board has determined that service connection for asbestosis is granted due to exposure during active service. However, there is no evidence of a current left thumb disability or any link to service, thus denying service connection for the left thumb condition.

The Veteran's claim for an initial rating higher than 30 percent for pleural thick thickening related to asbestos exposure with bronchial asthma was granted. The claims for increased ratings for facet joint arthropathy, L4-5, L5-S1; left lower extremity radiculopathy; and right lower extremity radiculopathy were all granted.

The Board has determined that the Veteran does not have asbestosis or a scar on his right eyelid incurred in service and denied both claims.

The Board denied the Veteran's claims for service connection for bilateral hearing loss, a lung disorder due to asbestos exposure, and a bilateral leg condition (deep vein thrombosis and thrombophelitis). The evidence did not show that these conditions were incurred in or aggravated by active military service.

The Board found no evidence of current disabilities for tinnitus, bilateral hearing loss, or a lung disorder related to service. The Veteran's claims were denied.

The Board found no evidence of asbestosis or other asbestos-related lung disease in the Veteran's medical records, and thus denied service connection for asbestosis.

The Board denied service connection for asbestosis and silicosis, finding that the Veteran does not currently suffer from these conditions.

The Board has ordered a remand due to the need for additional medical examination and records, including a lung test performed by Dr. Nilesh Patel on May 1, 2008.

The Board has granted service connection for asbestosis with pleural plaques but denied an initial compensable rating.

The VA is remanding the case to the RO for additional development, including scheduling a Travel Board hearing.

The Board denied the Veteran's claims for service connection for asbestos-related lung disease, back disability, right leg disability, head injury, eye disability, and stomach disability. The claims for diabetes mellitus were also denied. No new and material evidence was submitted to reopen any of these previously-denied claims.

The Board has decided to remand the case for additional development, including obtaining SSA records and medical treatment records from Millard Fillmore Hospital.

The Veteran's claims for service connection for bilateral tinnitus and bilateral hearing loss were denied. The claim for a lung disorder, claimed as asbestosis, was also denied due to lack of evidence linking the condition to service exposure.

The Board has ordered a remand due to the need for additional medical examination and testing to determine the extent of the Veteran's pulmonary disability, including his maximum exercise capacity and specific lung function indicators. The case will be returned to the RO for readjudication.

The Veteran's service-connected asbestosis is manifested by a pulmonary function test showing post-therapy Forced Vital Capacity (FVC) of greater than 80 percent of predicted value, and a VA pulmonary function test showing Diffusion Capacity of the Lung for Carbon Monoxide by the Single Breath Method (DLCO(SB)) of 93.8 percent predicted. The criteria for a compensable initial rating for asbestosis have not been met.

The Veteran's service-connected disabilities (bilateral hearing loss, asbestosis, and tinnitus) have made him unable to secure and follow substantially gainful employment. The Board has granted the TDIU benefit.