Asbestosis decisions — 2011

The Veteran's asbestosis is found to be related to his military service, and the Board grants service connection for this condition.

The Board found no evidence of a respiratory disorder in service or until many years after discharge, and concluded that the Veteran's current COPD with emphysema is more likely related to his smoking history rather than service. As such, the appeal was denied.

The Board has determined that additional development is needed to determine the nature and etiology of any current lung disability, including recurrent pneumonia or asbestosis. The Veteran's claim will be remanded for a VA examination.

The Board has determined that the Veteran's current asbestos-related pulmonary disorder is related to his service exposure to asbestos, and thus grants service connection for this condition.

The Veteran's claims for service connection for asbestosis and tinnitus were denied. The Board found no evidence of current asbestosis or a relationship between the claimed conditions and service.

The Veteran's asbestos exposure syndrome and COPD have not met the criteria for a higher disability evaluation, as his lung function tests do not show impairment that warrants an increased rating.

The Board granted service connection for asbestosis, but determined the effective date should be December 8, 2003.

The Board has determined that the Veteran's asbestosis is at least as likely as not related to his exposure to asbestos during his military service, including removing ceiling tiles. The claim for service connection is therefore granted.

The Veteran seeks service connection for asbestosis, which he claims is related to his military service. The Board has determined that additional development is needed to determine the nature and etiology of any current lung disability, including asbestosis.

The Veteran's claim for an initial compensable evaluation for pleural plaques, claimed as asbestosis, has been dismissed due to the death of the appellant.

The Veteran's appeal is remanded for additional development, including obtaining VA treatment records and scheduling a respiratory examination to determine the extent of his service-connected asbestosis.

The Veteran does not have pulmonary asbestosis or asbestos-related pleural disease secondary to his military service exposure, and the claim is denied.

The Veteran's asbestos pleural lung disease has been rated as noncompensable since the effective date of service connection, with Forced Vital Capacity (FVC) greater than 80-percent predicted and Diffusion Capacity of the Lung for Carbon Dioxide by the Single Breath Method (DLCO (SB)) greater than 80-percent predicted; cor pulmonale, pulmonary hypertension and outpatient oxygen therapy have not been demonstrated. The Veteran's disability picture does not meet or approximate the criteria for a compensable rating under the general rating formula for interstitial lung diseases.

The Board has granted the petition to reopen service connection for a respiratory condition, including asbestosis. The underlying claim on the merits regarding bilateral hearing loss is not addressed due to its status of 'unknown'.

The Veteran's asbestosis was rated at 30 percent from September 10, 2008 through June 27, 2010.,From June 28, 2010, the Veteran's asbestosis was rated at 60 percent.

The Veteran's appeal was dismissed due to his death, and no service connection was granted as the claim is not about a condition resulting from asbestos or chemical exposure.

The Board found that the Veteran's chronic lung disease, including asbestosis, was not incurred or aggravated during active duty service and is not otherwise etiologically related to service due to exposure to asbestos. The claim for service connection was denied.

The Board found no current diagnosis of asbestosis or any other lung disorder, and thus denied service connection for a lung disorder including asbestosis. The claims for bilateral hearing loss, tinnitus, and residuals of a cyst behind the left ear are remanded due to incomplete development.

The Veteran's initial compensable evaluation for asbestos related pleural disease was granted in March 2008. However, the VA examiner noted that the symptoms and recurrent infections were most probably attributable to his tobacco-related chronic obstructive pulmonary disease (COPD) and emphysema. The case is REMANDED due to a conflict between this opinion and a private physician's statement linking COPD to asbestos exposure.

The Veteran's claim for a higher rating for his service-connected asbestosis is being remanded due to the need for additional examination and development of records.