Asbestosis decisions — 2013

The Veteran's claim for an evaluation of asbestosis effective from December 13, 2007 is being remanded due to the need for a VA examination by a pulmonologist and additional treatment records.

The Veteran's request to withdraw the issue of service connection for hypertension secondary to tinnitus has been granted. The remaining issues have not yet been decided.

The Board has decided to remand the case for additional development, including obtaining relevant VA treatment records and clarifying whether previous lung infections are related to upper respiratory infections in service.

The Board has remanded the case for additional development, including obtaining service treatment records and personnel records, verifying periods of active duty for training (ACDUTRA) and inactive duty for training (INACDUTRA), and providing a VA examination to determine if the Veteran's asbestosis is related to his military service.

The Board has determined that the Veteran does not have asbestosis or left elbow arthritis due to service, and thus denied both claims.

The Veteran's service-connected asbestos-related pleural plaques is currently rated at 30 percent, effective July 12, 2012. The Board found that a higher rating was not warranted prior to this date.

The VA determined that the Veteran was exposed to asbestos during service but found no evidence of an asbestos-related disorder, including asbestosis.

The Board has determined that the Veteran does not have asbestosis and therefore, service connection for this condition is denied.

The Veteran's appeal is being remanded to the Winston-Salem RO for jurisdictional transfer and rescheduling of his hearing due to a change in address.

The Board found that the Veteran's current pulmonary disorder is not related to his in-service asbestos exposure and denied his claim for service connection.

The Board granted service connection for a respiratory disorder to include tuberculosis and asbestosis, but denied reopening of the previously denied claim for hepatitis C. The Veteran's respiratory disorder is found to be related to events during service, including exposure to tuberculosis. Service connection was not established for hepatitis C.

The Board found that the Veteran's COPD was not related to his military service, including exposure to asbestos. The claim for service connection is denied.

The Veteran's appeal is being remanded for a new VA examination to evaluate his asbestosis and for adjudication of the TDIU claim.

The Veteran's claim for service connection for a respiratory disorder, to include asbestosis, is denied because there is no evidence that his current condition is related to his military service.

The Board denied the Veteran's claims for service connection for lung and liver cancer, finding that there was no confirmation of his presence in Vietnam or inland waterways, thus precluding a presumption of herbicide exposure. The cancers were not shown to be related to his military service, including from asbestos exposure.

The Veteran's claim for service connection for a respiratory disorder, including asbestosis, is being remanded due to the need for additional development of his medical records and potential VA examination.

The Board has remanded the case due to insufficient rationale in the previous VA examination and a need for further medical opinion regarding the etiology of the Veteran's lung diseases, including exposure to asbestos. The claim will be reconsidered after obtaining additional evidence.

The Veteran's claim for increased rating of right little finger disability is denied as there is no evidence of functional impairment.,Service connection for asthma and headaches are not granted, with the asthma being linked to asbestos exposure.

The Veteran's service connection claims for chronic obstructive pulmonary disease and asbestosis were denied because there is no evidence of these conditions in service or currently.

The Board finds that the evidence does not support a finding of service connection for any of the claimed conditions.,There is no clear and unmistakable evidence (CUE) to overturn previous denial decisions.