Asbestosis decisions — 2010

The Board has determined that the Veteran's current diagnosis of asbestosis with pleural plaques is related to his in-service exposure to asbestos while on active duty, and service connection for these conditions is granted.

The Veteran's claims for service connection for coronary artery disease, liver disease (primary biliary cirrhosis), interstitial lung disease (follicular bronchiolitis and connective tissue disease-associated interstitial lung disease) and sleep apnea have been denied as the evidence does not support a finding that these conditions are related to his active service.

The Veteran's claim for an earlier effective date for the grant of service connection for asbestosis with COPD was denied. The Board found that the February 26, 2003 decision to reopen his claim and assign a rating is correct.

The Veteran's pulmonary disorder did not meet the criteria for a higher rating as it did not show specific lung function test results that would warrant a higher rating under VA's disability evaluation guidelines.

The Board has determined that the Veteran does not have a current disability for which service connection can be granted, except for a left wrist injury. The Veteran's testimony and medical evidence support her claim of having injured her left wrist during active service in 1991. As this is considered direct service connection due to an injury sustained during service, the Board has granted service connection for the left wrist injury.

The Board has determined that additional development is necessary prior to properly deciding the Veteran's claim for service connection for asbestosis.

The Veteran's claim for an increased rating for his service-connected pulmonary asbestosis is being remanded due to the need for updated medical evidence and a new examination.

The Board denied the Veteran's claims for service connection due to lack of evidence supporting a current disability and no objective indications of chronic disability resulting from undiagnosed illness.

The Board has determined that the Veteran's death was due to his in-service exposure to asbestos, which is presumed for service during World War II. The cause of death, respiratory failure due to interstitial lung disease (ILD) due to asbestosis, is considered a result of this in-service exposure.

The Veteran's claim for an increased rating for asbestosis is being remanded due to the need for further development, including additional pulmonary function tests and a VA examination.

The Board has remanded the case for further development, including obtaining evidence regarding the Veteran's exposure to asbestos and silica during service, as well as conducting VA examinations to determine the nature and etiology of his diagnosed conditions.

The Veteran seeks service connection for asbestosis, but the case is remanded due to unclear evidence of current disability and exposure.

The Veteran's appeal is remanded due to the need for further evaluations and studies, including a high resolution computerized tomography study of the chest. The Veteran should be provided with all relevant VA and private treatment records.

The Veteran's claim for service connection for a pulmonary disorder, including asbestosis due to asbestos exposure during military service is being remanded for further development.

The Veteran's claims for service connection for a pulmonary disorder other than asbestosis and hypertension are being remanded due to the need for additional development, including clarification of medical opinions and consideration of new evidence.

The Veteran's appeal for an earlier effective date prior to August 13, 2002 for the grant of service connection for asbestosis is dismissed due to finality.

The Veteran's claim for an increased evaluation for asbestos related pleural plaques was denied. The RO assigned a 30 percent rating effective from November 4, 2004.

The Veteran's asbestosis with pleural plaques has not met the criteria for a compensable rating prior to January 14, 2010 and does not warrant an increased disability rating since that date.

The Veteran's claim of service connection for a lung condition, claimed as asbestosis, is being remanded due to the unavailability of his service treatment records and the need for further examination.

The Veteran's appeal for an initial compensable rating for asbestosis has been dismissed due to his death.