Asbestosis decisions — 2012

The Veteran's claim for service connection for asbestosis is being remanded due to the need for additional development, including obtaining records of post-service asbestos exposure and resulting lung disorders.

The Veteran's lung and esophageal cancer residuals are rated at 100% prior to January 1, 2008 and 30% thereafter. The Board found that the Veteran's esophageal cancer residuals meet criteria for a 30% rating beginning February 1, 2008.

The Board found no evidence of meaningful asbestos exposure during active service and concluded that the Veteran's current lung disorder is not related to his military service.

The Board has determined that the Veteran's death was not caused by a service-connected disability, and thus his claim for service connection for the cause of his death is denied.

The Board has remanded the case for further development, including obtaining Social Security Administration records related to the Veteran's disability benefits claim.

The Veteran's appeal is being remanded due to a request for a video-conference hearing. The case will be returned to the Board after the hearing.

The Veteran's asbestosis is found to be related to his military service, and he is granted service connection for this condition. The issue of asthma and COPD remains unresolved.

The Board found that the Veteran's income exceeded the maximum annual pension rate (MAPR) for all periods considered, thus denying his claim for NSC pension benefits.

The Board has remanded the case for additional development, including obtaining service treatment records and Pensacola Naval Air Station medical records. The Veteran's current lung impairments will be evaluated to determine if they are related to his asbestos exposure in service.

The Board denied the Veteran's claims for service connection for a low back disorder and asbestosis or other respiratory disorder, including chronic obstructive pulmonary disease (COPD), finding that his current disorders are not related to his military service.

The Board has remanded the Veteran's claim for additional development due to outstanding VA treatment records and a need for clarification of his lung condition.

The Veteran's respiratory disorder (asbestosis) has been manifested by a Forced Vital Capacity (FVC) of no less than 75 percent predicted and a Diffusion Capacity of the Lung for Carbon Monoxide by the Single Breath Method (DLCO (SB)) of no less than 66 percent predicted. The preponderance of evidence does not warrant an increased disability rating in excess of 10 percent.

The Veteran's residuals of asbestos exposure were initially rated at 30 percent prior to November 1, 2007. As of November 1, 2007, the evaluation was increased to 60 percent.

The Veteran's appeal is remanded for further development, including obtaining additional medical records and scheduling a VA examination to assess the severity of his asbestosis.

The Board denied the Veteran's claims for service connection for hepatitis C and asbestosis, finding that there was no evidence linking these conditions to his military service.

The Veteran's claim for higher ratings for his asbestos related lung disease, including COPD and pleural plaques, is denied as the evidence does not meet the criteria for a rating in excess of 60 percent since May 8, 2009.

The Board has remanded the case due to a request for a Travel Board hearing, and no rating decision or effective date is provided.

The Board has decided to remand the case for further development, including a new VA examination and updated medical records.

The Board denied service connection for the cause of the Veteran's death and accrued benefits based on a claim for cancer submitted by the Veteran. The primary cause of death was neuroendocrine cancer, but asbestosis did not contribute substantially to the cause of death.

The Veteran's bilateral hearing loss is found to be related to his military service. The respiratory disorder, including as due to asbestos exposure, is not attributable to his military service.