Asbestosis decisions — 2010

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling a VA examination to determine if the Veteran has an asbestos-related disease, including asbestosis, related to in-service exposure. The Veteran's lay statements regarding exposure while onboard a ship have been considered.

The Board has determined that the appellant is not entitled to an effective date earlier than August 17, 2007 for the grant of service connection and assignment of a 100 percent rating for asbestos related pleural disease with plaques.

The Board has determined that the Veteran does not have current diagnoses of asbestosis, a left hand disability, or kidney stones. Therefore, service connection for these conditions is denied.

The Veteran's claims for service connection for asbestosis, vertigo, and bilateral hearing loss have been denied. The Board found no current diagnoses of these conditions in the record, and there is insufficient evidence to establish a link between any diagnosed condition and active service.

The Veteran's claims for service connection for squamous cell carcinoma and asbestosis are being remanded due to the need for additional medical examinations.

The Board has determined that the Veteran's current asbestos-related lung disability is at least as likely as not causally related to his service, specifically his time as a machinist mate where he was exposed to asbestos. As such, service connection for this condition is granted.

The Board has denied the Veteran's claims for service connection for PTSD, coronary artery disease, status-post myocardial infarction, an eye disability, a back disability, and a foot disability (claimed as 'bad feet'). The claim for lung disability, to include chronic obstructive pulmonary disease and asbestosis, is pending. Service connection has been established for major depressive disorder and anxiety disorder.

The Veteran's claims for service connection for tinnitus and asbestosis have been granted. The claim for service connection for an acquired psychiatric disorder, to include depression and PTSD, is remanded.

The Veteran's appeal is remanded for additional VA examination to determine if he has a lung disability related to his in-service asbestos exposure and whether this disability, if found, is caused or aggravated by his heart disability.

The Board denied the Veteran's claims for service connection for various conditions, including PTSD, left ear hearing loss, a respiratory disorder due to asbestos exposure, migraine headaches, visual disability, and back disability. The reasons given were that there was no credible evidence of in-service stressors for PTSD, no current diagnoses related to service for other conditions, and the Veteran's accounts of events during service were not credible.

The Board has remanded the Veteran's claim for service connection for asbestosis due to incomplete development of his claims file.

The Veteran's asbestos-related pleural disease is currently manifested by an FVC of 75.1 percent and a DLCO (SB) of 76 percent predicted, post-drug or inhalation therapy. The Board finds that the criteria for a 10 percent rating have been met.

The Board has remanded the case for further development, including obtaining updated treatment records and scheduling a VA Respiratory examination. The Veteran's service-connected pleural plaques are being evaluated in relation to his current respiratory symptoms.

The Veteran's claims for service connection for a bilateral foot condition and lung condition are being remanded due to the need for additional development, including VA examinations.

The Board has granted service connection for asbestosis and found that the Veteran's current diagnosis of asbestosis is related to his in-service exposure to asbestos. The issue of an initial rating in excess of 20 percent for osteoarthritis of the right ankle remains pending.

The Veteran's service-connected respiratory disorder due to asbestosis has been rated at a noncompensable level, and the claim for service connection of a heart disability is denied.

The Veteran's claim for an effective date earlier than March 21, 2008 for the award of a total (100 percent) rating for bilateral hearing loss is denied. The Veteran's PTSD has been rated as 50 percent disabling since service connection was established in August 2006. His calcified hilar lymph nodes have been rated as noncompensably (zero percent) disabling.

The Veteran's hearing loss and tinnitus are found to be related to service. The respiratory disability is not related to service exposure, but the Board acknowledges that the Veteran was exposed to asbestos during his service on the U.S.S. Baltimore.

The Board has denied the appeal for an initial compensable schedular rating but has considered a request for extraschedular consideration, which is REMANDED to the RO.

The Veteran's claim for increased evaluations for his pulmonary asbestosis and bilateral pleural plaques was denied by the Board. The evidence did not meet the criteria for a higher evaluation under the applicable rating schedule.