Asbestosis decisions — 2011

The Veteran's claim for an earlier effective date for the grant of service connection for asbestosis was denied. The Board found that there is no indication he filed a prior claim, and thus, VA is not required to notify him of his risk or provide care earlier.

The Veteran's COPD and pleural plaques consistent with asbestosis are currently rated at 10 percent, effective September 19, 2005. The evidence does not meet the criteria for a higher rating.

The Board denied service connection for COPD and denied increased ratings for the scar as a residual of left pneumothorax. The Veteran's COPD was found to be due to post-service asbestos exposure, but not related to his in-service left pneumothorax or any other service-connected condition.

The Veteran has withdrawn his appeal for the issues of service connection for right eye, giant cell conjunctivitis; left eye, giant cell conjunctivitis; allergies, hay fever; asbestos exposure; ionizing radiation exposure; contusion on the left thigh; left buttock contusion with hematoma; TMJ syndrome; closed head injury (claimed as left head injury); left ear pain; left forearm rash; pseudofolliculitis barbae; left finger injury (claimed as cut and scar); sinus bradycardia; exposure to smoke; exposure to JP4 (jet fuel); and a left femur fracture. The claim for service connection based on RF radiation exposure is denied.

The Board denied the Veteran's claim of service connection for a respiratory disability, including COPD and asbestosis, finding that there was no evidence to support a direct relationship between his military service and these conditions.

The Veteran's appeal is being remanded due to the need for additional medical records from his oncologist.

The Veteran seeks service connection for a chronic lung disease, including bronchitis, COPD, and asbestosis. The case is remanded due to the need for additional development, including obtaining VA treatment records and seeking an examination.

The Veteran's claim for a compensable rating for pleural plaques, claimed as asbestosis related condition, is being remanded due to unclear etiology and need for additional medical opinion.

The Veteran's asbestosis, pulmonary fibrosis, chronic bronchitis, and bronchiectasis required the use of outpatient oxygen therapy from January 15, 2010 onward. From June 14, 2004, his PTSD was productive of more than occupational and social impairment with an occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks.

The Board denied service connection for the Veteran's claimed disabilities, including left knee and left ankle disabilities, low back disability, lung disorder as a result of asbestos exposure, left hip disability, and residuals of a fracture of the nose. The decision found that new evidence did not raise a reasonable possibility of substantiating these claims.

The Board denied the Veteran's claims for service connection for type II diabetes mellitus and an asbestos related disability, finding that there was no evidence of exposure to herbicides or asbestos in service, and thus no basis for presumptive service connection. The claim for diabetes mellitus was also denied as the disease did not manifest during service or within one year thereafter. Service connection could not be granted on a direct basis due to lack of competent medical evidence linking the current condition to service.

The Veteran's appeal is remanded due to the need for additional evidence, specifically exercise capacity testing. The case will be reconsidered based on all available information.

The Board denied the Veteran's claims for service connection for asbestosis and bilateral hearing loss, finding that there was no evidence of in-service exposure or a relationship to service.

The Veteran's appeals for service connection and a compensable evaluation are being remanded due to the need for a Board Videoconference hearing.

The VA denied the Veteran's claim for an initial rating in excess of 10 percent for his asbestosis, finding that the evidence did not meet the criteria for a higher rating.

The Board finds that there is no competent evidence linking the Veteran's current lung conditions to his in-service asbestos exposure, and thus service connection for a lung condition cannot be established.

The Veteran's service-connected disabilities, including asbestosis, asthma, COPD, and a left wrist ganglionectomy, do not render him unable to secure or maintain substantially gainful employment.

The Veteran's claim for service connection for emphysema secondary to asbestosis was granted. However, his claim for compensation under 38 U.S.C.A. § 1151 for initial gastric antral erosions with mild fibrosis of the lamina propria was denied.

The Board denied the Veteran's claim for an earlier effective date for service connection of asbestosis with mesothelioma, finding that September 17, 2007 is the earliest possible effective date based on the date of his initial claim.

The Board has remanded the Veteran's claims for further development due to insufficient information regarding his asbestosis and TDIU.