Asbestosis decisions — 2012

The Board denied service connection for asbestosis and denied increased ratings for PTSD. The Veteran's asbestosis was not linked to his military service, and the increased PTSD evaluations were also denied.

The Veteran's appeal is remanded for further development, including a supplemental medical opinion regarding the most accurate reflection of his lung disease level.

The Board has remanded the case due to incomplete records and need for further development regarding the Veteran's lung disorders, including exposure during service and post-service treatment.

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

The Board has determined that the Veteran's current bilateral pulmonary asbestosis is related to his active military service and grants service connection for this condition.

The Board denied the claim for service connection for the cause of the Veteran's death, finding that his fatal cardiac and respiratory disabilities were not related to his military service.

The Veteran's only service-connected condition, asbestosis, is rated at 60 percent disabling. The Board finds that the Veteran retains substantial functional abilities and can secure and follow a substantially gainful occupation despite his disability, thus denying the claim for a TDIU rating.

The Veteran has withdrawn his appeals for service connection for testicular cancer and asbestos exposure, and the Board does not have jurisdiction to consider these matters.

The Board found that the Veteran's pleural plaques, claimed as asbestosis related condition, are essentially asymptomatic and all pulmonary symptoms shown by medical evidence were due to his non-service connected lung disorders. As a result, the claim for a compensable disability rating was denied.

The Board finds that the Veteran's current pulmonary/respiratory disability, diagnosed as COPD and asbestos-related pleural disease, is not related to his in-service exposure to asbestos. The VA examiner determined it less likely than not that the Veteran's respiratory disorders are due to his short period of service exposure.

The Veteran's left thumb disability is not service-connected. The lung disability and residuals of a fractured arm are presumed to be related to asbestos exposure in service.

The Veteran's claim for service connection for a back condition has been reopened and granted. Service connection is also established for diabetes mellitus type II as a result of herbicide exposure (Agent Orange). The Veteran's interstitial fibrosis (asbestosis) was found to be aggravated by his pre-existing asbestos exposure.,The Veteran's corn on the right little toe and left shoulder condition claims are not supported by evidence.

The Veteran's appeal is remanded for additional development, including obtaining private treatment records and a VA respiratory examination to assess the severity of his service-connected asbestosis.

The Board denied service connection for a cervical spine disorder and a respiratory disorder (claimed as due to asbestos exposure) based on the lack of evidence linking these conditions to service.

The Veteran's service-connected asbestos-related pleural plaques were found to be productive of a disability picture that more nearly approximated Forced Vital Capacity (FVC) results from 75 to 80 percent of the predicted, warranting an initial rating of 10 percent.

The Veteran's claims for service connection are being remanded due to the inadequacy of the December 2010 VA medical examination report.,Additional evidence is needed, including treatment records from Maryview Hospital and OPM disability determinations.

The Board has granted the reopening of claims for service connection for tinnitus and residuals of asbestos exposure. The remaining issues regarding increased ratings for ankle disabilities, acne, and a great toe fracture are remanded due to outstanding medical records and need for further development.

The Board denied service connection for a lung disorder due to asbestos exposure and reopened the claim of service connection for a skin condition, but remanded it back to the RO for further development.

The Board has ordered a remand due to the need for additional compliance with previous directives and proper notice regarding secondary service connection.

The Veteran's claim of entitlement to a total rating based on individual unemployability has been remanded due to inadequate opinions regarding all his service-connected disabilities and the need for additional development.