Asbestosis decisions — 2011

The Board finds that the Veteran's squamous cell carcinoma of the esophagus, which caused his death, was aggravated by his service-connected asbestosis. The appellant is therefore granted service connection for the cause of her husband's death.

The Veteran's appeal has been dismissed due to his death. The Board cannot proceed with the merits of these claims as he is no longer alive.

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claim for service connection for a pulmonary disability, including asbestosis. The case is now remanded for further development, including scheduling of a VA examination.

The Veteran's appeals for service connection for asbestosis, hepatitis, and bipolar disorder have been withdrawn. As a result, the claims are dismissed.

The Veteran's claim for service connection for a respiratory disorder, claimed as asbestosis or asthma secondary to asbestos exposure is being remanded due to the need for additional development and examination.

The Veteran's claim for a compensable evaluation prior to September 22, 2008 was granted. The rating assigned is 10 percent.,From September 23, 2008, to September 30, 2010, the Veteran received a 10 percent rating for asbestosis. From October 1, 2010, he received a 30 percent rating.

The Veteran's service-connected pneumoconiosis due to asbestos exposure is not manifested by the required criteria for a higher rating, and thus his claim for an increased rating is denied.

The Veteran's lung disorder, including asbestosis, was not incurred in or aggravated by service. The claim is denied.

The Board has determined that there is no competent evidence of current disabilities for posttraumatic stress disorder, asbestosis, emphysema, or left ear hearing loss. As a result, the claims are denied.

The Board has remanded the case for further development to determine if any identified lung disorder, including COPD and/or restrictive changes, is etiologically related to in-service disease or injury. The claim will be readjudicated after all directives have been accomplished.

The Veteran's appeal was dismissed due to the death of the appellant, and no jurisdiction remains for this case.

The Veteran's claim for service connection for asbestosis, claimed as breathing problems due to asbestos exposure is being remanded for further development.

The Veteran's claim for service connection for pulmonary asbestosis is being remanded to the RO for further action, including scheduling a Travel Board hearing.

The Board has remanded the case due to the need for further development, including obtaining medical records and scheduling a VA examination.

The Board denied the claim for an effective date prior to July 24, 2007 for DEA benefits due to lack of evidence showing a valid claim was filed earlier than that date.

The Board has denied the Veteran's claims for service connection for a sleep disorder, hearing loss, liver disability (including cirrhosis and hepatitis C), psychiatric disability (including PTSD and MDD), hypertension, asbestosis, residuals of a scrape injury to the back, right elbow disability, and right shoulder disability.

The Veteran's claim for an initial compensable rating for service-connected asbestosis was denied in April 2004. The Veteran did not file a timely notice of disagreement, and the appeal is denied.

The Board has denied the Veteran's claims for service connection of post-operative decompression laminectomy and foraminotomy, L4-L5 and L5-S1, asbestosis, and right knee disability.

The Veteran's asbestosis alone has been objectively shown to be productive of no more than a chronic cough; poor air movement in the lungs; FVC of 66 percent predicted; DLCO (SB) of 63 percent predicted; and early interstitial bony fibrosis and calcified pleura consistent with prior asbestos exposure. The Veteran's asbestosis alone has not met the criteria for an initial evaluation in excess of 30 percent.

The Board has denied the Veteran's claims for service connection for asbestosis and hypertension, finding no current diagnoses or evidence of in-service exposure that would support these claims.