Asbestosis decisions — 2011

The Board has granted service connection for left ear hearing loss and denied service connection for asbestosis, finding that the Veteran's current conditions are not related to his military service.

The Board has determined that the Veteran's asbestosis is related to his service, and therefore grants service connection for this condition.

The Veteran withdrew his appeal for an evaluation in excess of 30 percent for asbestosis before the Board could make a decision.

The Veteran withdrew his service connection claim for asbestosis due to asbestos exposure, and the appeal is dismissed.

The Board has remanded the case due to the need for additional development, including obtaining records of any private treatment or evaluation related to asbestosis and asbestos exposure. The Veteran is advised that he must provide releases for these records.

The Veteran's initial compensable disability rating for asbestosis from April 30, 2007, to November 28, 2007, and a disability rating in excess of 10 percent since November 29, 2007, was granted.

The Veteran's claim for an initial evaluation in excess of 30 percent for asbestosis is being remanded due to the need for additional development, including obtaining private treatment records and VA medical records.

The Veteran's respiratory disabilities, including asbestosis and asbestos-related pleural disease, are being remanded for further development to determine their relationship to service exposure to asbestos.

The Veteran's claim for higher initial ratings for asbestosis was granted, with a rating of 30 percent effective from January 25, 2011.

The Veteran's claim for service connection for residuals of prostate cancer due to Agent Orange exposure is pending, as the January 2005 rating decision denying this claim was not final.,Service connection has been granted for asbestosis. The evidence received since the January 2005 denial includes a determination that the Veteran did not have in-country service in Vietnam and thus could not be presumed exposed to herbicides.

The Veteran's death was not caused by, or substantially or materially contributed to, by an injury or disease incurred in or aggravated by active military service. The causes of death listed on his death certificate are not service-connected.

The Board has determined that new and material evidence has been presented to reopen the claim for service connection for asbestosis. The Veteran's respiratory disorders, including asbestosis, are found to be related to asbestos exposure during his military service.

The Board found that the Veteran's current lung disability is not related to service, specifically his in-service asbestos exposure.

The Veteran's surviving spouse indicated within a year of his death that she wished to pursue the claim for an earlier effective date. The Veteran would have prevailed on his claim had he not died, as his May 20, 2003 initial claim was never final and he suffered from pulmonary fibrosis at that time.

The Board found no evidence of a right ankle disability in service and denied the claim. Asbestosis was not shown to be related to service exposure, as there is no indication of asbestos exposure during service. The claims for tongue cancer, lung cancer, and testicular cancer were also denied due to lack of evidence linking these conditions to service.

The Board has determined that the Veteran's asbestosis warrants an initial evaluation of 30 percent, effective January 11, 2006.

The Board has remanded the case due to incomplete records and further development is required. The Veteran's lung disability claim remains under consideration.

The Board has determined that the Veteran's service-connected asbestosis does not warrant a rating in excess of 10 percent.

The VA examiner found no current diagnosis of asbestos-related disease, including asbestosis, and concluded that the appellant does not have a current disability related to service.

The Board has determined that the Veteran's asbestosis was not incurred in or aggravated by military service and denied his claim for service connection.