Asbestosis decisions — 2012

The Veteran's asbestosis was evaluated under the General Rating Formula for Interstitial Lung Disease, but his pulmonary function tests showed normal results. The Board determined that a compensable rating is not warranted based on the evidence provided.

The Veteran does not have a diagnosed chronic respiratory disorder, and the Board finds no evidence of asbestos exposure or asbestosis during service. The claim is denied.

The Board denied the claim for an effective date earlier than October 27, 2009 for the grant of service connection for asbestosis with pulmonary fibrosis and calcific diaphragmatic pleural plaques and irregular bilateral parenchymal opacities.

The Board has determined that the Veteran's asbestosis does not meet the criteria for a higher rating under the applicable diagnostic code, and thus denied his claim for an increased disability rating.

The Board has ordered a remand to obtain medical opinions regarding the Veteran's lung disorders and their relationship to his military service, specifically asbestos exposure. The appeal is currently in remand status.

The Board has determined that the Veteran did not have a current lung condition, to include asbestosis, at the time of his death and there was no evidence linking such conditions to service. As such, the claim for accrued benefits is denied.

The Veteran's claim for service connection for bilateral hearing loss disability is denied as there is no current evidence of a hearing loss disability meeting VA compensation criteria. The claims for pulmonary and sleep apnea disabilities are remanded.

The Veteran's calcified pleural plaques (asbestosis) have been rated as noncompensable since July 2005, and the evidence does not support a compensable evaluation at any time during this period.

The Veteran's initial claim for an increased rating for asbestosis has been granted, but the RO needs to conduct further examination and review of his medical records to determine if a higher rating is warranted.

The Veteran's claim is being remanded due to the need for a new VA examination and additional development of his treatment records.

The Veteran's claim for an increased initial rating for calcified pleural plaques consistent with asbestos exposure remains before the Board. The RO is instructed to provide a current examination and readjudicate the appeal.

The Board denied the Veteran's claims for service connection for asbestosis, left knee disability, arthritis of hands and fingers, headaches, and an acquired psychiatric disability. The evidence did not support a finding that any of these conditions were related to service.

The Veteran's current lung disorders, including COPD and asbestosis, are not related to his service. The VA examiner found no compelling evidence of asbestos-related changes in the Veteran's chest x-rays or pulmonary function tests.

The Veteran's appeal has been withdrawn and the case is dismissed.

The Board has determined that the Veteran's asbestosis is related to his period of active service, and therefore grants service connection for this condition.

The Board has remanded the case for additional development, including obtaining VA treatment records and service personnel records related to the Veteran's Reserve service. The claims will be reconsidered after these records are obtained.

The Veteran's service-connected asbestosis played a material causal role in his death, and the Board has determined that it should be considered the cause of death.

The Board has dismissed the appeal due to the appellant's withdrawal of his appeal.

The Veteran's lung disability is not service-connected, and his claim for 1151 compensation was denied due to lack of proximate cause attributable to VA.

The Board has denied the Veteran's claim for an initial compensable evaluation for service-connected asbestos-related pleural disease, finding that a higher rating is not warranted as of December 15, 2008.