Asbestosis decisions — 2012

The Board denied service connection for all claimed conditions, finding no evidence of a nexus between the Veteran's current disabilities and his military service.

The Board has denied the Veteran's claims for service connection for COPD, skin cancer, and skin rashes due to a lack of evidence linking these conditions to his military service.,There is no current diagnosis or evidence of skin cancer at any time during the appeal period.

The Veteran's service-connected asbestosis contributed to his death, which is now considered the cause of his death. The Board has granted service connection for the cause of the Veteran's death.

The Board has granted service connection for asbestosis and denied an initial compensable evaluation for the Veteran's hearing loss disability.

The Board has determined that the Veteran's asbestosis is related to his in-service asbestos exposure and grants service connection for this condition.

The Veteran's asbestosis was evaluated at a 30 percent rating, which is the lowest available under VA guidelines for this condition. The evidence did not meet the criteria for an increased rating.

The Board found no evidence of current diagnosis of asbestosis and concluded that the Veteran does not have a present disability related to service connection for asbestosis.

The Board has determined that the Veteran's asbestosis warrants a disability rating of 30 percent since September 3, 2010, based on his pulmonary function test results showing Forced Vital Capacity (FVC) and Diffusion Capacity of the Lung for Carbon Monoxide by the Single Breath Method (DLCO (SB)) meeting the criteria for a 30 percent rating under Diagnostic Code 6833.

The Veteran's claims of service connection for various conditions have been remanded due to the need for additional development, including obtaining Social Security Administration records and issuing a statement of the case for increased evaluations.

The Board has reopened the Veteran's claims for service connection for bronchitis, multiple calcified pleural plaques in both lungs (claimed as asbestosis), idiopathic dilated cardiomyopathy with pacemaker installation, and bilateral knee disability. The evidence received since the September 2007 RO decision is new and material, raising a reasonable possibility of substantiating the underlying claim for service connection.

The Board has reopened the Veteran's claim for service connection for a shortness of breath disability due to asbestos exposure, but denied reopening his claim for Hepatitis C disability.,A VA examination is needed to determine the etiology of the Veteran's COPD disability.

The Board has remanded the Veteran's claim of entitlement to a total rating based on individual unemployability due to inadequate VA examinations and the need for further development.

The Board dismissed the Veteran's appeals on initial ratings for left knee disability due to his withdrawal of the appeal before a decision was made.

The Veteran's asbestos-related lung disease is currently rated at 30 percent, the maximum schedular rating available. The Board finds that his disability does not meet or approximate criteria for a higher evaluation.

The Board has remanded the case for additional development, including obtaining missing VA medical records and scheduling a VA examination to determine if any diagnosed pulmonary disabilities are related to service or asbestos exposure.

The Board found that the Veteran's asbestosis is not more than noncompensable due to its being secondary to his service-connected COPD. The bilateral hearing loss was assigned a 10% rating.

The Veteran's claims for service connection have been denied. The RO found that the evidence did not support a finding of service connection for any of the conditions listed, except for schizophrenia.

The Veteran's TDIU claim is remanded due to the need for an adequate opinion regarding his employability based on his service-connected disabilities.

The Veteran's claim for an initial rating in excess of 10 percent for asbestosis was denied. The Board is remanding the case to allow for further development and consideration.

The weight of the evidence does not support a finding that the Veteran developed asbestosis during military service or due to exposure to asbestos in service.