Asbestosis Board decisions

The Board found that the effective date of December 16, 2005 is the earliest effective date assignable for service connection of a pulmonary condition, claimed as due to asbestos exposure.,Service connection was granted for a gastrointestinal disorder, including irritable bowel syndrome. However, it was determined that this condition is not related to active service or to a service-connected disability.

The Board has determined that the Veteran's COPD and asthma are not related to service exposure to asbestos, and his heart disease and hypertension are not related to service. The acquired psychiatric disorder is also not related to service.

The Veteran's initial claim for asbestosis was granted, but he is seeking a higher evaluation.,Effective August 18, 2008, the Veteran received a 10% rating for his service-connected asbestosis.

The Veteran's lung disorder, including asbestosis, is being remanded for further examination and opinion to determine if it is related to in-service asbestos exposure.

The Veteran's claims for service connection for skin cancer of the ears and arms, and for a pulmonary/respiratory disability due to asbestos exposure were denied. The Board found no evidence linking these conditions to service.

The Board found that the reduction of the Veteran's disability rating for benign pleural plaquing due to asbestos from 60 percent to noncompensably disabling, effective July 1, 2007, was not proper.

The Veteran's claim for a higher rating for his service-connected pulmonary asbestosis is granted, with the effective date to be determined.

The Board has granted service connection for asbestosis, finding that the Veteran's current respiratory condition is causally related to his in-service asbestos exposure. The COPD issue remains unresolved.

The Board has determined that the Veteran does not meet the criteria for a diagnosis of PTSD, and therefore service connection for this condition is denied. The Veteran's claims for frostbite of the right great toe and lung disorder claimed as due to herbicide and asbestos exposure are also denied.

The Veteran's claim for service connection for residuals of a right leg injury was reopened. His claim for asbestosis was denied. The Board found that his left shoulder disorder, post-acromioplasty, warranted a 30% evaluation.

The Veteran's claim for service connection for asbestosis was denied because the competent clinical evidence of record does not establish that he has this condition.

The Board has granted service connection for tinnitus and an asbestos-related respiratory disability, finding that the Veteran's current conditions are at least as likely as not related to his in-service exposure. The specific nature of any post-service asbestos exposure is unclear.

The Board found that the reduction in the evaluation for pleural asbestosis from 30 percent to noncompensable was proper and a compensable rating is not warranted for the period beginning June 1, 2008.

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling a VA examination to determine if the Veteran has an asbestos-related disease, including asbestosis, related to in-service exposure. The Veteran's lay statements regarding exposure while onboard a ship have been considered.

The Board has determined that the appellant is not entitled to an effective date earlier than August 17, 2007 for the grant of service connection and assignment of a 100 percent rating for asbestos related pleural disease with plaques.

The Board has determined that the Veteran does not have current diagnoses of asbestosis, a left hand disability, or kidney stones. Therefore, service connection for these conditions is denied.

The Veteran's claims for service connection for asbestosis, vertigo, and bilateral hearing loss have been denied. The Board found no current diagnoses of these conditions in the record, and there is insufficient evidence to establish a link between any diagnosed condition and active service.

The Veteran's claims for service connection for squamous cell carcinoma and asbestosis are being remanded due to the need for additional medical examinations.

The Board has determined that the Veteran's current asbestos-related lung disability is at least as likely as not causally related to his service, specifically his time as a machinist mate where he was exposed to asbestos. As such, service connection for this condition is granted.

The Board has denied the Veteran's claims for service connection for PTSD, coronary artery disease, status-post myocardial infarction, an eye disability, a back disability, and a foot disability (claimed as 'bad feet'). The claim for lung disability, to include chronic obstructive pulmonary disease and asbestosis, is pending. Service connection has been established for major depressive disorder and anxiety disorder.