Asbestosis Board decisions

The Veteran's claims for service connection for tinnitus and asbestosis have been granted. The claim for service connection for an acquired psychiatric disorder, to include depression and PTSD, is remanded.

The Veteran's appeal is remanded for additional VA examination to determine if he has a lung disability related to his in-service asbestos exposure and whether this disability, if found, is caused or aggravated by his heart disability.

The Board denied the Veteran's claims for service connection for various conditions, including PTSD, left ear hearing loss, a respiratory disorder due to asbestos exposure, migraine headaches, visual disability, and back disability. The reasons given were that there was no credible evidence of in-service stressors for PTSD, no current diagnoses related to service for other conditions, and the Veteran's accounts of events during service were not credible.

The Board has remanded the Veteran's claim for service connection for asbestosis due to incomplete development of his claims file.

The Veteran's asbestos-related pleural disease is currently manifested by an FVC of 75.1 percent and a DLCO (SB) of 76 percent predicted, post-drug or inhalation therapy. The Board finds that the criteria for a 10 percent rating have been met.

The Board has remanded the case for further development, including obtaining updated treatment records and scheduling a VA Respiratory examination. The Veteran's service-connected pleural plaques are being evaluated in relation to his current respiratory symptoms.

The Veteran's claims for service connection for a bilateral foot condition and lung condition are being remanded due to the need for additional development, including VA examinations.

The Board has granted service connection for asbestosis and found that the Veteran's current diagnosis of asbestosis is related to his in-service exposure to asbestos. The issue of an initial rating in excess of 20 percent for osteoarthritis of the right ankle remains pending.

The Veteran's service-connected respiratory disorder due to asbestosis has been rated at a noncompensable level, and the claim for service connection of a heart disability is denied.

The Veteran's claim for an effective date earlier than March 21, 2008 for the award of a total (100 percent) rating for bilateral hearing loss is denied. The Veteran's PTSD has been rated as 50 percent disabling since service connection was established in August 2006. His calcified hilar lymph nodes have been rated as noncompensably (zero percent) disabling.

The Veteran's hearing loss and tinnitus are found to be related to service. The respiratory disability is not related to service exposure, but the Board acknowledges that the Veteran was exposed to asbestos during his service on the U.S.S. Baltimore.

The Board has denied the appeal for an initial compensable schedular rating but has considered a request for extraschedular consideration, which is REMANDED to the RO.

The Veteran's claim for increased evaluations for his pulmonary asbestosis and bilateral pleural plaques was denied by the Board. The evidence did not meet the criteria for a higher evaluation under the applicable rating schedule.

The Veteran's calcified plaques associated with asbestos exposure are characterized by forced vital capacity (FVC) of approximately 81 percent of predicted, and diffusion capacity of the lung for carbon monoxide by the single breath method (DLCO (SB)) of approximately 98 percent of predicted. The schedular criteria for an initial compensable evaluation have not been met.

The Board has remanded the case for further development, including a VA examination to determine if the Veteran's current pulmonary disorders are related to his in-service asbestos exposure.

The Board has determined that the Veteran does not have a current diagnosis of asbestosis or any asbestos-related disease, and therefore service connection for asbestosis is denied.

The Veteran's asbestosis is now rated at 60 percent since November 17, 2008. Prior to that date, the initial rating was granted but not higher than 10 percent.

The Board has determined that there is no competent evidence of current pancreatitis or asbestosis, and thus service connection for these conditions cannot be granted.

The Board has granted the veteran's claim for service connection for asbestos related lung disease, finding that there is medical evidence linking current asbestos-related lung disease to service.

The Veteran's petition to reopen his previously denied claims of service connection for a psychiatric disorder, respiratory disorder, and hearing loss was granted. Service connection for IBS with diverticulosis was also established, with an initial evaluation of 10 percent assigned effective from August 17, 2005.