Asbestosis Board decisions

The veteran's claim for service connection for asbestosis was denied. The claims for service connection for anxiety, hearing loss, and tinnitus are also denied.

The Board denied the veteran's claim of service connection for asbestosis, finding that there was no credible evidence of asbestos exposure in service and concluding that his current lung disorder is not shown to be related to service.

The veteran's respiratory disability, asbestos pleural related disease, is attributable to exposure to asbestos during military service and has been granted service connection.

The Board has ordered the VA to locate the veteran's service medical records and attempt to reconstruct them. The claims for reopening a claim for asbestosis, secondary service connection for sinusitis, and secondary service connection for headaches are pending.

The Board found no evidence of COPD or asbestosis in service, and the only competent opinions regarding their etiology were against the claim. The veteran's smoking history was also considered.

The Board has dismissed the appeal due to the appellant's withdrawal of the appeal.

The veteran's service-connected pulmonary asbestosis disability is so severe that it makes him unable to secure and follow a substantially gainful occupation, warranting a TDIU.

The Board found that the veteran's current asbestosis is not related to his active military service and denied his claim.

The Board denied the veteran's claims for service connection for chronic lung disease, bilateral hearing loss, tinnitus, a low back disability, headaches, and hypertension. The evidence did not support a finding of asbestosis or any other chronic lung condition related to service.

The veteran's bilateral hearing loss disability and tinnitus are found to be related to in-service noise exposure. The veteran also has asbestosis with lung scarring, which is linked to his in-service asbestos exposure.

The veteran's death was caused by asbestosis, which he had been service-connected for. However, the appellant and the veteran were not legally married for a continuous period of at least 8 years immediately preceding the veteran's death, thus she does not meet the legal requirements to receive enhanced DIC benefits.

The Board has determined that service connection is not warranted for asbestos exposure, herbicide exposure, or PTSD. The veteran's claims are denied.

The Board denied the appellant's claim for enhanced DIC benefits under 38 U.S.C.A. § 1311(a)(2) based on her husband's service-connected disabilities, finding that he was not rated as totally disabled for at least eight years prior to his death.

The Board has remanded the case for further development due to an undeliverable address, and the veteran's representative should be notified of the June 2008 supplemental statement of the case (SSOC).

The Board denied the appellant's claims for increased ratings for his left knee disability and service connection for respiratory disorders, vision loss, and hypertension. The decision also noted that a claim of service connection for PTSD was referred to the RO.

The Board has remanded the veteran's claim for service connection for COPD due to asbestos exposure, as well as his attempt to reopen previously denied claims for service connection for asbestosis and silicosis. The case is being referred back to the AMC/RO for further action on these issues.

The Board denied the veteran's claims for an initial evaluation in excess of 0 percent for onychomycosis and service connection for asbestosis. The veteran was not granted any disability ratings or effective dates.

The Board found that the veteran did not engage in combat with the enemy and thus could not establish service connection for PTSD based on a stressor related to his military duties. The claim for asbestosis was also denied due to lack of evidence supporting the claimed exposure.

The veteran's initial claim for a compensable rating for asbestosis prior to June 13, 2006 was denied. A 10 percent rating has been assigned from June 13, 2006 through November 28, 2006 and a 60 percent rating since November 29, 2006.

The Board found that the veteran's asbestosis did not result from any in-service exposure to asbestos and denied his claim for service connection.