Asbestosis decisions — 2010

The Veteran's appeal has been dismissed as he did not wish to pursue the issues of service connection for malaria, Leishmaniasis, PTSD, residuals of asbestos exposure, glaucoma, special monthly pension (SMP), and a total rating based upon individual unemployability due to service-connected disabilities (TDIU).

The Board is remanding the case to obtain additional development and determine whether new evidence has been presented to reopen a previously denied claim for service connection for bilateral hearing loss, as well as other issues related to exposure to Agent Orange and other conditions.

The Board denied the Veteran's claims for service connection for asbestosis, residuals of bilateral eye injury, and back disorder. The claim for an initial compensable evaluation for bilateral sensorineural hearing loss is pending.

The Board has determined that the Veteran's asbestos-related pleural disease is service-connected, as it was caused by his exposure to asbestos during active duty.

The Veteran's claim for service connection for a respiratory disorder, claimed as asbestosis, is being remanded due to incomplete records and the need for further medical examination.

The Veteran's service-connected asbestosis has been asymptomatic throughout the appeals period, and his breathing difficulty is attributed to nonservice connected chronic obstructive pulmonary disease (COPD)/emphysema. The Board denied an initial compensable disability evaluation for asbestosis.

The Board has determined that the Veteran's claims for service connection have been denied, with some issues being granted and others remaining in denial. The decision is based on the merits of the cases where new and material evidence was not received to reopen previously denied claims.

The Veteran's appeal is remanded due to the need for additional medical examination and records review, as well as consideration of private treatment records from February 2007 onwards.

The Board has determined that the Veteran's current lung disabilities, including asbestosis and non-small cell lung cancer, are related to asbestos exposure during his active service. The claim is granted.

The Veteran's appeal has been resolved in his favor, and service connection for asbestosis due to exposure to asbestos, hypertension, gastroesophageal reflux disorder (GERD), and irritable bowel syndrome (IBS) has been established.

The evidence does not support a finding that the Veteran's current lung disorder is related to his active service, including asbestos exposure. The Board finds the April 2010 VA examination to be the most probative piece of medical evidence regarding the claim.

The Veteran's claims for service connection have been reopened, but the evidence does not relate to an unestablished fact necessary to substantiate any of these claims.,The Veteran's claims for service connection have been reopened, and new and material evidence has been submitted that relates to an unestablished fact necessary to substantiate his claims for a chronic shoulder disorder, bilateral hearing loss, and deviated nasal septum.,,,,

The Veteran's asbestosis-related pulmonary disease has been consistently manifested by a Forced Vital Capacity (FVC) of less than 50 percent of the predicted value, warranting an initial 100% disability rating.

The VA determined that the Veteran's asbestosis was not incurred or aggravated during his active military service and denied his claim.

The Veteran's service connection claim for residuals of throat surgery is granted. However, his claim for COPD as due to asbestos exposure is denied.

The Veteran's claim for service connection for a lung disability, claimed as asbestosis as a residual of asbestos exposure during service, is being remanded due to conflicting assertions regarding the nature and source of his asbestos exposure.

The Veteran's claim for service connection for asbestosis or other asbestos-exposure-related disability is being remanded due to the inadequacy of a previous VA examination and opinion. The Board will seek additional medical comment regarding whether any current lung disability, including COPD, is related to his conceded exposure to asbestos during military service.

The Board found that the Veteran does not have asbestosis or any other asbestos-related disease and his COPD is not due to exposure to asbestos in service.

The Veteran's claim for a compensable rating for asbestosis is being remanded due to the need for additional medical evidence and evaluation.

The Board found no evidence of a chronic respiratory disorder related to service or caused by a service-connected disability. The claim was denied.