Asbestosis decisions — 2012

The Veteran's claims for service connection for asbestos exposure/asbestosis and a back disorder were denied as there is no evidence linking these conditions to his military service.

The Board has remanded the case due to inadequate development regarding the Veteran's claimed asbestos exposure during service, and a new narrative response is required from the Department of the Air Force.

The Veteran's lung disorder claim is denied as there is no evidence of a current disability related to service. The upper respiratory disorder claim requires further development due to the preexisting condition noted at entry.

The Board finds that the evidence is in equipoise on whether the Veteran's currently manifest asbestosis and asbestos-related pleural disease are due to in-service asbestos exposure or post-service exposure. As such, service connection for these conditions is granted.

The Veteran seeks service connection for a pulmonary disorder, asbestosis, due to in-service asbestos exposure. The case is REMANDED for further examination and development.

The Board has determined that the Veteran's bilateral hearing loss and tinnitus did not have their clinical onset in active service, and neither may they be presumed to have been incurred therein. The Board also found no causal connection between the Veteran's asbestosis and his active service.

The Board found that the Veteran's current respiratory complaints are not related to active military service or events therein, including any asbestos exposure. The preponderance of evidence is against his claim for service connection.

The Veteran's asbestosis with calcified pleural plaque bilaterally has been rated based on the severity of his pulmonary function tests (PFT) and chest X-rays. For the portion of the appeal period from February 10, 2005 to August 6, 2008, he was granted a noncompensable evaluation. From August 7, 2008 to May 31, 2010, he received a 60 percent evaluation.

The Board has reopened the Veteran's claim for service connection for restrictive lung disease/asbestosis and coronary artery disease (claimed as heart problems) due to asbestos exposure. The evidence now shows that the Veteran was exposed to asbestos during his military service, leading to a diagnosis of asbestosis. As such, the Board finds in favor of granting service connection.

The Board has granted service connection for PTSD and found that the Veteran's PTSD had its onset in service. The Veteran is also granted an initial compensable disability evaluation for his respiratory condition associated with asbestosis.

The Board found that the Veteran's lung disorder is not related to his active duty service, including due to asbestos exposure. The claim for service connection was denied.

The Board has determined that additional development is necessary to determine if the Veteran's respiratory disorder, claimed as asbestosis, is related to in-service asbestos exposure. The case is being remanded for a VA examination and further review.

The Veteran's current COPD was not incurred during service or until many years after discharge and is not etiologically related to active duty service or any incident thereof, but rather is due to his smoking.

The Board has requested a medical opinion and remanded the case for further development. The Veteran's claim of service connection for respiratory disability, including COPD and asbestosis, is being returned to the RO for readjudication.

The Veteran's appeals for service connection for asbestos exposure and Hepatitis B and C were granted. The claims for a back disorder, residuals of a collapsed lung, and an increased rating claim for the fibula disability are still pending.

The Veteran's claim for service connection for pulmonary asbestosis is being remanded due to missing service records and the need for additional development, including obtaining private medical records and Worker's Compensation records.

The Veteran's claims for service connection for squamous cell carcinoma and asbestosis have been remanded due to the need for additional development, including obtaining medical opinions regarding the nature of his conditions and their relationship to service.

The Board found that the Veteran's lung disability, including asbestosis, restrictive lung disease and fibrothorax, did not have onset in service or due to asbestos exposure during service. The claim for service connection was denied.

The Board found that there is no competent evidence of asbestosis or other asbestos-related conditions, and the Veteran's COPD is not related to service-connected exposure. The claim for service connection was denied.

The Veteran's service-connected asbestos-related pleural plaque disease has rendered him unemployable, and the Board grants a TDIU.