Asbestosis Board decisions

The Board has remanded the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to insufficient development and an inadequate VA examination. The case needs further review after obtaining additional medical records and seeking clarification from the March 2010 VA examiner regarding whether his service-connected asbestosis alone renders him unable to secure or follow a substantially gainful occupation.

The Board has decided to remand the Veteran's claim for service connection for asbestosis and asbestos-related diseases due to the need for additional development, including a VA examination.

The Board has determined that additional examinations and development are necessary before the claims can be fully adjudicated.

The Board denied an earlier effective date for the grant of service connection for asbestosis, finding that no claim was filed prior to January 18, 2008.

The Veteran's asbestos-related pleural plaques have been rated at zero percent since December 24, 2002. The VA Board found that the evidence did not support a compensable evaluation.

The Board found that the Veteran's hepatitis C was not incurred in service due to his own willful misconduct, and there is no current evidence of a hearing loss disability or asbestosis related to military service. The claim for hepatitis C was denied.

The Veteran's appeal for service connection for exposure to asbestos, to include asbestosis, has been withdrawn. The Board also dismissed the claim of entitlement to service connection for a low back disorder due to lack of evidence and further development is needed.

The Veteran's asbestosis is rated at 30 percent since March 4, 2009. His hearing loss remains noncompensable.

The Board found that there is no evidence of a current respiratory disability, including asbestosis, and no objective evidence relating the claimed condition to service. As such, the Veteran's claim for service connection for asbestosis was denied.

The Veteran's appeal is being remanded due to the need for a video conference hearing at the RO.

The Board has ordered that the case be remanded for additional development due to VA's duty to assist not being met.

The Veteran's claim for TDIU is being remanded due to the need for a new opinion regarding his employability due to service-connected asbestosis and PTSD.

The Board has dismissed the appeal as the appellant failed to respond to requests for evidence necessary to adjudicate her claim of service connection for the cause of the Veteran's death.

The Veteran's appeal has been dismissed as he did not wish to pursue the issues of service connection for malaria, Leishmaniasis, PTSD, residuals of asbestos exposure, glaucoma, special monthly pension (SMP), and a total rating based upon individual unemployability due to service-connected disabilities (TDIU).

The Board is remanding the case to obtain additional development and determine whether new evidence has been presented to reopen a previously denied claim for service connection for bilateral hearing loss, as well as other issues related to exposure to Agent Orange and other conditions.

The Board denied the Veteran's claims for service connection for asbestosis, residuals of bilateral eye injury, and back disorder. The claim for an initial compensable evaluation for bilateral sensorineural hearing loss is pending.

The Board has determined that the Veteran's asbestos-related pleural disease is service-connected, as it was caused by his exposure to asbestos during active duty.

The Veteran's claim for service connection for a respiratory disorder, claimed as asbestosis, is being remanded due to incomplete records and the need for further medical examination.

The Veteran's service-connected asbestosis has been asymptomatic throughout the appeals period, and his breathing difficulty is attributed to nonservice connected chronic obstructive pulmonary disease (COPD)/emphysema. The Board denied an initial compensable disability evaluation for asbestosis.

The Board has determined that the Veteran's claims for service connection have been denied, with some issues being granted and others remaining in denial. The decision is based on the merits of the cases where new and material evidence was not received to reopen previously denied claims.