Asbestosis decisions — 2013

The Board found that the Veteran's current lung disability did not have its onset during service and is not related to disease or injury incurred in service, including exposure to asbestos.

The Board finds that the Veteran's asbestosis is related to his in-service asbestos exposure and grants service connection for this condition.

The Veteran's appeal is being remanded to obtain additional VA PFT results and consider the evidence, including a July 2013 statement in support of claim on VA Form 21-4138 that cited FVC results from an ETSU Heart Office test. The goal is to determine if he was entitled to higher initial ratings for asbestosis.

The Board found that the Veteran's service-connected pleural plaques and asbestosis warranted a 30 percent rating, effective August 16, 2007.

The Board found that the Veteran's lung disability, including asbestosis and COPD, did not have its onset during service or was caused by his military service, specifically exposure to asbestos. The claim for service connection is therefore denied.

The Veteran's appeal is being remanded for additional development, including an examination to address the etiology of his hearing loss and tinnitus, as well as a review of any indications of chronic interstitial lung disease (ILD).

The Veteran's claim for an increased evaluation for his service-connected asbestosis is being remanded due to the need for a new VA examination and additional medical records.

The Veteran's asbestos-related pleural disease does not meet the criteria for a compensable initial rating as his disability is not manifested by pulmonary hypertension or cor pulmonale, and he requires no outpatient oxygen therapy.

The Board has determined that the Veteran's asbestosis, which was related to his inservice asbestos exposure, contributed substantially and materially to cause his death. Therefore, service connection for the cause of the Veteran's death is granted.

The Veteran's claim for service connection for colon cancer, asbestosis, and asthma is being remanded due to the need for additional development of his medical records.

The Veteran's service treatment records are negative for complaints of respiratory symptoms or a diagnosed respiratory disability. His service personnel records reflect that his Military Occupational Specialty was Wheeled Vehicle Mechanic, which does not indicate exposure to asbestos. The VA examinations did not find any current respiratory disability related to service.

The Board has determined that the Veteran does not have chronic asbestosis or bronchitis related to service, and his chloracne is presumed due to Agent Orange exposure. The tinnitus was not incurred in service.

The Board found that the Veteran does not have current hearing loss disability for VA compensation purposes, and his tinnitus is not etiologically related to service. The claims for shortness of breath and depression were also denied as there was no evidence of in-service asbestos exposure or psychiatric injury.

The Veteran's appeal is remanded due to incomplete VA examination reports and the need for additional testing. The case will be readjudicated after these issues are addressed.

The Board denied service connection for an acquired psychiatric disorder, including PTSD, and asbestosis. The evidence did not support the Veteran's claims of in-service stressors or asbestos exposure.

The Veteran's claim for an initial, compensable evaluation for service-connected pulmonary asbestosis was denied by the RO in June 2010. The case was remanded multiple times and a VA examination was scheduled but ultimately not completed due to relocation issues. After several attempts, the July 2013 Supplemental Statement of the Case (SSOC) was sent to the Veteran's Florida address instead of his New Hampshire address where he had stated he would be residing from May to October 2013.

The Board has determined that the VA examinations are inadequate and additional clarification is needed regarding the Veteran's asbestos-related pleural disease. The issues of service connection for bilateral hearing loss and tinnitus have been remanded due to the need for a supplemental opinion based on the Duty MOS Noise Exposure Listing.

The Veteran's current asbestosis was incurred during his military service and the Board has granted service connection for this condition.

The Board has determined that further development is needed before the claim can be decided, including obtaining an addendum opinion from the VA examiner regarding whether the Veteran's service-connected asbestosis aggravated his current chest pain disorder.

The Veteran's claims for service connection for an acquired psychiatric disorder, bilateral tinea pedis, tinea cruris, and asbestosis have all been denied. The Board found that there was no credible evidence of in-service stressors related to fear of hostile enemy activity, no verified exposure to herbicides or asbestos during service, and insufficient medical evidence linking the current conditions to service.