Asbestosis decisions — 2011

The Board has determined that the Veteran's service-connected asbestosis does not warrant a compensable disability rating, and thus denied his claim.

The Board found that the Veteran's lung disease, including asbestosis, is not etiologically related to his active duty service.

The Veteran's asbestosis is found to be related to his service exposure, and the claim for service connection is granted.

The Veteran's claim for service connection for asbestosis is being remanded due to the need for further medical examination and development of records.

The Veteran's service-connected respiratory disorder due to asbestos exposure has been manifested by FVC of 91 percent and DLCO (SB) of 106 percent, which do not meet the criteria for a compensable rating under VA disability evaluation guidelines.

The Board has determined that the Veteran's asbestosis with associated mild restrictive disease warrants a rating of 30 percent, effective February 12, 2007.

The Board found that the Veteran's asbestosis was incurred in service and granted service connection for this condition. The claims of service connection for bronchitis and asthma were also granted, with the reasoning being that these conditions are related to asbestos exposure during service.

The Board has determined that the Veteran currently suffers from bilateral hearing loss and asbestosis, both of which are service-connected. However, the issue regarding an initial compensable disability rating for asbestosis remains pending.

The Veteran's respiratory disorder is not service-connected due to lack of evidence showing a nexus between the current condition and service. The acquired neuropsychiatric disorder claim is denied as there was no diagnosed condition at the time of service. Service connection for lumbar spine disorder and passive aggressive personality disorder are denied.

The Veteran's service-connected chronic sinusitis and rhinitis are not shown to meet the criteria for a compensable evaluation, as there is no evidence of incapacitating episodes or significant nasal obstruction. The Veteran's service-connected asbestos exposure syndrome and COPD do not warrant an increased rating due to lack of supporting medical documentation.

The Veteran's service-connected calcified pleural plaques (asbestosis) disability is being remanded for a new VA examination to determine the current extent of his condition.

The Board has granted service connection for asbestosis, finding a 50 percent probability that it is related to the Veteran's active duty, including his likely exposure to asbestos during ship overhaul in 1947-1948.

The Veteran's asbestosis is currently evaluated at a 10 percent rating, effective May 17, 2006. The Board finds that the evidence does not warrant an increase in the disability rating.

The Board found no evidence of a current pulmonary disability, hypertension, or residuals of stroke with eyesight problems related to service. The Veteran's bilateral hearing loss and tinnitus were also not found to be related to service.

The Veteran's appeal is being remanded for clarification of his claims and to ensure all necessary evidence is available for review.

The Veteran has withdrawn his appeals for the claims of service connection for a left eye disorder, asbestosis, left foot disorder, and upper right leg contusion and scarring. The appeal is dismissed.

The Board has determined that the Veteran does not have a current diagnosis of asbestosis or a cardiac condition, and thus service connection for these conditions cannot be granted. The claim for service connection for asbestosis was previously denied due to lack of evidence of current disability.

The Board has determined that the Veteran's low back disability is related to service, but his asbestosis is not related to service.

The Board has denied the Veteran's claims for service connection for PTSD and a pulmonary disorder (chronic bronchitis due to asbestos exposure). The denial is based on the lack of evidence showing a relationship between these conditions and active duty service.

The Board found that the Veteran did not have evidence of asbestos exposure during service and his current pulmonary disorder is not related to any incident or event in active military service, including exposure to asbestos. Therefore, the claim for service connection for a pulmonary disorder, to include pulmonary asbestosis, was denied.