Asbestosis decisions — 2013

The Board found that the Veteran's current COPD is not shown to be causally or etiologically related to his active military service, including as due to his in-service exposure to Agent Orange and asbestos. The Board also found no evidence of asbestosis.

The Board granted a 60 percent rating for asbestosis effective June 17, 2011. The Veteran's asbestosis was rated based on pulmonary function tests showing FVC greater than 50 percent of predicted value and DLCO (SB) greater than 40 percent of predicted value.

The Veteran's claim for higher initial evaluations for asbestos-related pleural disease is being remanded due to the need for additional development, including obtaining treatment records and providing an examination.

The Board has granted a TDIU effective January 5, 2009. The Veteran's service-connected disabilities had increased in severity to render him unable to engage in gainful employment as of that date.

The Board has remanded the case for additional development due to inadequate medical opinions regarding the Veteran's lung disability and exposure to asbestos.

The Board has granted service connection for pleural disease and interstitial lung disease (including fibrosis and asbestosis) due to in-service asbestos exposure. The Veteran's other diagnosed lung disability, left diaphragmatic dysfunction with left lower lobe atelectasis, is addressed in the REMAND section.

The Board found that the Veteran's current pulmonary disorder, including chronic obstructive pulmonary disease (COPD), is not related to his military service or any incident thereof.

The Board found that the Veteran's asbestos-related pleural disease is not service-connected and does not warrant a compensable evaluation as it is primarily due to his non-service connected COPD.

The Board has determined that the Veteran does not have a current diagnosis of bilateral hearing loss or asbestosis, and thus, service connection for these conditions cannot be established.

The Board has granted service connection for a lung disorder, as claimed as asbestosis and secondary to asbestos exposure. The claim was reopened based on new evidence provided by the Veteran.

The Veteran's asbestos-related pleural disease was rated at 30 percent disabling from August 13, 2010. Prior to that date, the disability warranted a 10 percent rating.

The Board has remanded the case for additional development, including obtaining relevant medical records and providing a medical opinion regarding the cause of death.

The Veteran's asbestos-related lung disease was evaluated at a 100% rating from October 31, 2005 to August 26, 2008 due to marked interference with employment and the inadequacy of the schedular criteria for this disability.

The Board has determined that the Veteran's currently diagnosed asbestosis is related to military service and grants service connection for this condition.

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

The Board has determined that there is no evidence of service connection for emphysema or asbestosis, claimed as scarring of the lungs. The Veteran's claims have been denied.

The Veteran's appeal was dismissed due to the death of the appellant, and no jurisdiction remains for the merits of the claim.

The Veteran does not have asbestos-related lung disease, including asbestosis. The Board finds that the evidence does not support a finding of an asbestos-related disorder.

The Board has determined that the Veteran's asbestosis is etiologically related to his in-service exposure to asbestos, and service connection for this condition is granted. However, there is no competent evidence linking the Veteran's emphysema to his active duty service.

The Board has determined that the Veteran's service-connected asbestosis does not warrant a compensable initial evaluation, and thus his claim for an increased rating is denied.