Asbestosis decisions — 2011

The Board denied the Veteran's claims of service connection for COPD and asbestosis, finding no current disability and insufficient evidence to establish a nexus between any diagnosed conditions and service.

The Board found that the Veteran's lung disability, including asbestosis and COPD, was not incurred in or aggravated by service and may not be presumed due to asbestos exposure. The preponderance of evidence showed no relationship between his current condition and military service.

The Veteran's service connection claim for coronary artery disease and asbestosis with chronic bronchitis was denied. The Board found that there is no evidence of a relationship between the current heart condition and military service, including conceded asbestos exposure.

The Board denied the Veteran's claims of entitlement to service connection for bilateral pes planus and asbestosis, finding no evidence linking these conditions to his military service.

The Board denied an extraschedular evaluation for the Veteran's asbestos-related pulmonary disease, finding that the available schedular evaluations adequately considered his symptoms and did not demonstrate a marked interference with employment.

The Veteran's service-connected disabilities, including post-operative herniated disc of the lumbar spine with left sciatica, degenerative arthritis of the right knee, radiculopathy of the right and left lower extremities, status post amputation of the left little finger, bipolar disorder, tinnitus, asbestosis, and tinnitus, render him unable to secure or follow a substantially gainful occupation.

The Veteran's asbestosis has been manifested by Forced Vital Capacity (FVC) greater than 74-percent predicted and Diffusion Capacity of the Lung for Carbon Dioxide by the Single Breath Method (DLCO (SB)) greater than 65-percent predicted. The disability does not meet or nearly approximate the criteria for a higher rating.

The Board found that the Veteran's current lung disorder, diagnosed as COPD, is not related to his military service. The claim for asbestosis was denied due to lack of evidence.

The Veteran's respiratory symptoms have been disassociated from his service-connected asbestosis, and the evidence does not support a compensable rating for asbestosis.

The Veteran's claim for an initial higher rating for his asbestos-related pleural disease is being remanded due to the need for a new VA examination and additional medical records.

The service-connected diffuse interstitial fibrosis (asbestosis) contributed to the Veteran's death from respiratory failure, liver failure, and acute renal failure. The Board granted service connection for the cause of the Veteran's death based on this finding.

The Board has determined that additional evidentiary development is necessary prior to the readjudication of the Veteran's claim of entitlement to service connection for a chronic respiratory disorder, consistent with the Court remand.

The Veteran's claims for increased ratings for bilateral hearing loss and asbestos-related pleural disease were denied. The Board found that the evidence did not support an increase in rating at any point during the appeal period.

The Board has determined that there is an approximate balance of positive and negative evidence regarding whether the Veteran's asbestosis is related to service. Service connection for asbestosis is granted.

The Board finds that it is at least as likely as not that the Veteran's current pulmonary fibrosis and asbestosis are related to his active service based on the medical and lay evidence presented in this case, granting service connection for a respiratory disorder.

The Veteran's service-connected asbestos-related lung disease did not meet the criteria for a compensable rating prior to January 9, 2008 and was only rated at 10 percent subsequent to that date.

The Board denied the Veteran's claims for earlier effective dates for service connection of bilateral hearing loss disability, tinnitus, and pulmonary fibrosis (claimed as asbestosis). The appeals were based on new evidence received after final decisions.

The Veteran's appeal is remanded due to the need for a new VA audiological examination and additional COPD treatment records. The initial rating for bilateral hearing loss remains under review, as does the issue of an increased rating for COPD.

The Board has determined that additional development is needed to address the Veteran's claims for service connection and a compensable evaluation. The case will be returned to the RO for further action.

The Veteran's claim for service connection for asbestosis was denied, and his increased rating claim for chronic bronchitis with emphysema was also denied. The Veteran currently has a 30% disability rating for chronic bronchitis with emphysema.