Asbestosis decisions — 2011

The Veteran's lung disorder, including as related to exposure to asbestos in service, is remanded for additional development and a new VA examination.

The Board denied the Veteran's claims for a reduction in his asbestos related pleural disease rating from 60 percent to 30 percent, effective February 1, 2009. The Veteran was not granted service connection for lung cancer.

The Board has remanded the case for further development, including obtaining records from Mare Island Naval Shipyard regarding the Veteran's civilian asbestos exposure and scheduling a VA examination to address the issue of service connection for asbestosis.

The Veteran's appeal is being remanded for additional development, including VA examinations to assess the current severity of his asbestos-related pleural disease and bilateral hearing loss.

The Veteran's lung condition, including asbestosis and chronic bronchitis, is being remanded for further examination to determine its etiology. The issue of service connection remains on appeal.

The Board has decided that the cause of death was not caused by service-connected conditions, but acknowledges there is evidence suggesting possible asbestos and lead paint exposure. The decision is mixed as some issues are granted while others are denied.

The Board found that the Veteran's current lung disabilities were not incurred in service, as there was no evidence of asbestos exposure during his active military service. The claim is denied.

The Board has determined that there is no diagnosis of asbestosis in the record, and thus service connection for asbestosis cannot be granted. The COPD and calcified hilar nodes are not related to service or asbestos exposure.

The VA reduced the Veteran's disability rating for asbestosis from 30 percent to zero percent effective July 1, 2007. The reduction was based on a lack of active symptoms associated with the condition.

The Board denied the Veteran's claims for service connection for tinnitus, respiratory condition (COPD and asbestosis), right great toe injury residuals, and left hip condition. The decision also noted that his PTSD symptoms did not meet criteria for a disability rating in excess of 50 percent.

The Veteran's service-connected low back disability is found to be the primary cause of several secondary conditions, including sciatica, neuropathy of the feet and hands, decreased circulation in the feet and hands, restless leg syndrome, and a bilateral hip disability. The scars from his spine surgery are also recognized as related to this condition.

The Board denied the Veteran's claims of service connection for asbestos exposure, ionizing radiation exposure, and heavy metal/solvent exposure as there was no medical evidence or competent opinion to show that he had current disabilities due to such exposures.

The Board has determined that the Veteran's interstitial lung disease (asbestosis) is a result of his exposure to asbestos during service and grants service connection for this condition.

The Veteran's calcified pleural plaques in the left hemithorax are at least as likely as not related to asbestos exposure during service. As a result, the Board finds that the Veteran's calcified pleural plaques were incurred in service and grants service connection for this condition.

The Veteran's permanent and total disability rating was effective March 10, 2008. The appellant turned 26 years old before this effective date, thus she is not eligible for Dependents' Educational Assistance (DEA) benefits under chapter 35, title 38, United States Code.

The Board found that the Veteran's current respiratory disorders, including asbestosis, asthma, and COPD, were not incurred in or aggravated by active military service.

The Veteran's pulmonary asbestosis is currently rated at 30 percent, and the evidence does not support a higher rating based on current disability levels.

The Board has reopened the claim of service connection for pulmonary disability, including asbestosis. The Veteran was provided a VA examination and an opinion regarding his exposure to asbestos during active service.

The Board has reopened the claim for service connection for a lung disease and granted service connection for asthma. The Veteran's atypical reactive airway disease with allergic rhinitis is also found to be related to active service.

The Board finds that the Veteran has asbestosis, which is related to asbestos exposure during active military service and grants service connection for this condition.