Asbestosis Board decisions

The Board has granted the veteran's claims for an extension of temporary total rating due to treatment for service-connected right knee disability and increased ratings for hiatal hernia. The appeals regarding service connection for respiratory, sinus, bilateral foot, left knee, and right shoulder disabilities are denied.

The veteran's claims for service connection for asbestos-related disorder, asthma, sleep apnea, and fungal disorder on the foot and back are all denied as there is no competent medical evidence showing current diagnoses of these conditions.,Service connection for hypertension is also denied as there is no evidence of hypertension during service or within one year post-service.

The Board has determined that a remand is required due to the conflicting medical opinions regarding the veteran's asbestosis and the need for additional treatment records. The case will be readjudicated after these actions.

The VA determined that the veteran's asbestos-related pleural plaques do not meet the criteria for a compensable disability rating, as they are not productive of any significant functional impairment.

The Board denied the veteran's claims for service connection for various conditions, including asbestosis, hypertension, renal failure, irritable bowel syndrome, coronary artery disease, arthritis of the hands, and headaches. The reasons given were that there was no evidence linking these conditions to service or any service-connected disabilities.

The Board has granted the veteran's request to reopen his claim for service connection for asbestosis, finding that new and material evidence has been submitted. The case is now remanded for further development.

The Board has determined that the veteran's asbestosis with pleural plaques does not warrant a disability rating in excess of 30 percent, based on the current evidence of record.

The Board has remanded the case for further development regarding the veteran's claim of service connection for asbestosis, including verification of exposure and a VA examination.

The Board has remanded the case for compliance with Hupp v. Nicholson and Dingess/Hartman requirements, including providing proper notice to the appellant regarding service connection for cause of death and effective date considerations.

The Board has remanded the case due to insufficient evidence regarding in-service asbestos exposure and a current lung disability. The veteran's claim will be reconsidered after further development.

The Board has determined that the veteran's coronary artery disease is not proximately due to or aggravated by his service-connected pulmonary fibrosis with obstructive pulmonary disease (also claimed as asbestosis and chronic bronchitis).

The Board denied an earlier effective date for the grant of service connection for asbestosis, including COPD and bronchial asthma. The earliest effective date available is February 7, 1999.

The Board has remanded the case for further development, including obtaining VA medical records and scheduling a respiratory examination. The veteran's claims for service connection are pending.

The Board found that COPD is not etiologically related to inservice asbestos exposure and denied the claim for service connection.

The veteran's emphysema with interstitial fibrosis, pleural plaques and calcification due to asbestos exposure was rated at 30 percent prior to November 28, 2006. From November 28, 2006 to April 9, 2007, the rating increased to 60 percent. Since April 10, 2007, a 100 percent rating is warranted.

The Board denied the veteran's request for an effective date prior to October 13, 2006, for service connection of asbestosis. The claim was based on a diagnosis of pneumonitis/pneumonia in 1989 and misdiagnosis by VA.

The Board found that the veteran's heart disease and neck condition were not incurred in or aggravated by service, and may not be presumed to have been incurred in service.

The Board has determined that service connection is not warranted for asbestos-related pulmonary disability and hearing loss disability. The claim of service connection for PTSD was denied due to the lack of verification of a stressor.

The veteran's claims for increased rating, service connection for back disorder, hearing loss, tinnitus, hepatitis C, and respiratory/lung disease (claimed as a residual of asbestos exposure) were denied. The Board found no evidence of current disabilities or service connection.

The Board has determined that the veteran's pulmonary asbestosis is related to his military service, and hypertension was not present during or within one year after service.