Asbestosis decisions — 2011

The Board has remanded the case for additional development, including obtaining VA medical records and scheduling a VA examination to clarify the nature of any asbestos-related disease. The Veteran's claims will be reconsidered based on the new evidence.

The Board found that the Veteran did not have a chronic respiratory disorder, including asbestosis, during his service or at any time since filing his claim. The evidence does not support a finding of current disability.

The Veteran's asbestosis was not manifested by a forced vital capacity (FVC) of 50 to 64 percent predicted or diffusion capacity of the lung for carbon monoxide by the single breath method (DLCO(SB)) of 40 to 55 percent predicted between June 27, 2005 and August 30, 2007.,On August 31, 2007, the Veteran's asbestosis was manifested by a forced vital capacity (FVC) of 61 percent of that predicted. The criteria for an initial evaluation in excess of 60 percent were met.

The Board found that the Veteran does not have a current diagnosis of asbestosis or any pulmonary disability related to asbestos exposure during service.

The Board found that the Veteran's COPD and asbestosis are not related to service, including exposure to herbicides. The claims for service connection were denied.

The Veteran's claim for service connection for a chronic lung disease, to include bronchitis, COPD, and asbestosis is being remanded due to the need for additional development.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 was denied as there is no evidence showing that his additional disabilities were caused by VA fault in providing medical treatment.

The Veteran seeks a higher evaluation for pleural plaques associated with asbestos exposure. The case is being remanded to obtain additional medical records and to provide an updated VA examination.

The Veteran's service connection claim for bilateral sensorineural hearing loss is granted. The respiratory disorder claim remains pending and requires additional development.

The Veteran's initial claim for an increased rating for asbestosis was denied by the RO, and he has not appealed this decision.

The Veteran claims service connection for a lung disability, including asthma, pulmonary fibrosis, and asbestosis, due to asbestos exposure during active military service. The case is remanded for further evaluation of the Veteran's current respiratory disabilities and determination of their relationship to service.

The Veteran's asbestosis is found to be secondary to his asbestos exposure in the Merchant Marine service, and granted.

The Board has decided to remand the Veteran's claim for service connection of asbestosis due to unclear medical evidence and unanswered questions regarding the nature and etiology of his claimed condition.

The Board has reopened the claim for service connection for asbestosis, but denied it on the merits.,Service connection for sinusitis is not granted as secondary to asbestosis.

The Board has remanded the case for additional development, including obtaining medical opinions regarding the Veteran's asbestosis, right-sided brain damage, and PTSD. The claims are to be considered in light of Clemons v. Shinseki.

The Board found that the Veteran's lung cancer and asbestosis were not incurred or aggravated by service, including exposure to asbestos. The evidence did not support a finding of direct service connection.

The Veteran's appeal has been dismissed due to the death of the appellant.

The Board found no evidence linking the Veteran's asbestosis to his military service and denied his claim.

The Board has remanded the case for further development, including obtaining information about post-service employment and potential asbestos exposure. The Veteran will be scheduled for a VA examination to determine if he has an asbestos-related disease and whether it is related to his in-service exposure or any post-service exposure.

The Veteran's appeal is remanded for further development, including a VA examination to determine the etiology of his COPD and restrictive lung disease, as well as the severity of any respiratory impairment due to service-connected disability.