Asbestosis decisions — 2011

The Board found that the Veteran's current symptoms are not related to asbestosis, and his asbestos exposure is somewhat equivocal. The evidence does not support a finding of service connection for asbestosis.

The Board has ordered additional development due to the need for a VA examination to determine if the Veteran's respiratory disorders, including asbestosis and minimal asthma, are related to his service.

The Board has denied the Veteran's claims for service connection for asbestosis and left ear hearing loss due to a lack of evidence showing current disabilities related to in-service asbestos exposure or noise exposure, respectively.

The Board denied the Veteran's claims for service connection for COPD and compensation under 38 U.S.C.A. § 1151 for squamous cell carcinoma of neck and tonsil, as well as additional dental disability, finding that there was no evidence linking his current conditions to service or any other relevant exposure.

The Board found that the Veteran's tinnitus was not incurred in or aggravated by active service, and his asbestosis was not incurred due to exposure during service. The claims were denied.

The Veteran's service-connected asbestos-related pleural disease does not result in any functional impairment that would warrant a compensable rating, as his disability is manifested by only mild cardiomegaly and small areas of pleural calcification without significant lung impairment.

The Board has granted service connection for the Veteran's respiratory condition, asbestosis, based on direct evidence of a link to his in-service exposure without any need for presumptions or secondary service connection.

The Board denied the Veteran's claims for increased ratings for allergies, asbestosis, and TDIU due to a service-connected disability. The decision also noted that the Veteran's current rating of 30 percent for asbestosis is appropriate based on his pulmonary function test results.

The Veteran's service-connected bilateral lower lobe pulmonary parenchymal opacities consistent with asbestosis have not been shown to warrant a higher evaluation than the currently assigned 30 percent since January 23, 2006.

The Veteran's service-connected pulmonary asbestosis with pleural calcification and right ear hearing loss are currently rated at the lowest possible levels, and no higher ratings are warranted.

The Board denied service connection for asbestosis, residuals of a back injury, bilateral shoulder disorder, hearing loss, and bad feet including flat feet due to lack of evidence of in-service incurrence or current disabilities.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and employment information to determine the nature of his lung disease and its relationship to service. Additionally, a VA examination will be scheduled to assess the severity of his right eye cataract with history of chorioretinitis.

The Veteran's asbestosis was initially rated at 10 percent prior to November 22, 2010. From that date onward, the disability warranted a higher 60 percent rating based on pulmonary function test results.

The Veteran's claims for service connection were denied due to lack of new and material evidence. The Board found that the submitted statements were duplicative.

The Veteran's claim for service connection for an acquired psychiatric disorder, to include PTSD, was denied. The Board found no evidence of a current diagnosis of asbestosis or an asbestos-related disease.

The Board has determined that the Veteran's death was not caused by a service-connected disability, and therefore denied his claim for service connection for the cause of his death.

The Board has determined that further development is necessary before adjudication of the issues on appeal, including obtaining SSA disability determination and medical records associated with the determination, providing a new VA examination for the Veteran's low back disability, and scheduling another VA examination to determine if the Veteran is unable to secure or follow a substantially gainful occupation due to his service-connected disabilities.

The Veteran's claims for service connection were denied. The Board found that there was no evidence linking the claimed conditions to his military service, and thus could not grant service connection.

The Board has decided to remand the case for additional development, including obtaining clarification of the Veteran's service and post-service asbestos exposure history.

The Veteran's severe actinic damage with a history of multiple non-melanomatous skin cancers has been granted a 30 percent evaluation, effective November 17, 2005.