Asbestosis Board decisions

The VA determined that the veteran's asbestosis is currently rated at 30 percent disabling, which was increased from a previous rating of 10 percent.

The veteran's service-connected pneumoconiosis due to asbestosis was found not to warrant a higher initial rating prior to February 1, 1997 and no compensable evaluation from that date. The claim for TDIU was also denied.

The Board finds that the veteran has asbestosis and this disorder is related to asbestos exposure during service, granting service connection for asbestosis.

The Board denied all service connection claims and increased ratings claims, finding no current diagnoses for the claimed conditions and insufficient evidence to establish a nexus between any of the conditions and active service.

The Board found that the veteran's asbestosis was not incurred in or aggravated by service, and denied his claim.

The veteran's asbestosis was granted a 10 percent evaluation from October 21, 1996 to September 13, 2000. From September 14, 2000 to May 2, 2001, the veteran received a staged evaluation of 60 percent. Since May 3, 2001, he has not been granted an evaluation in excess of 10 percent.

The Board has granted a 60 percent rating for the veteran's service-connected asbestosis, which is currently rated at 30 percent. The evidence shows that the veteran's FVC measurement decreased to 53 percent of predicted value in February 2002, meeting the criteria for a 60 percent evaluation under Diagnostic Code 6833.

The Board dismissed the appeals for an evaluation in excess of 10 percent for pleural plaques with interstitial changes, asbestosis and silicosis, and the propriety of ratings assigned to hemorrhoids and anal fissure.

The Board denied the veteran's claims for service connection for residuals of exposure to asbestos and Agent Orange, finding no evidence of current disabilities or a link between service and these exposures.

The VA denied the veteran's claim of service connection for an asbestos-related lung disorder, finding no current evidence of such a condition.

The Board has reopened the veteran's claim for service connection for asbestos lung disease due to exposure during military service, as new and material evidence has been submitted. The issue will be further developed to determine if there is a relationship between the claimed condition and the veteran's service.

The Board found no evidence of asbestosis or an asbestos-related disease during service and denied the veteran's claim for service connection.

The veteran's claim for service connection for asbestosis was denied in April 1995. The appellant, his surviving spouse, submitted an application for accrued benefits on February 4, 1998, and the RO granted service connection for asbestosis as a direct benefit effective from August 22, 1997.

The veteran's initial noncompensable rating for asbestosis prior to July 31, 1998 was granted. He is currently rated at 10 percent for his service-connected asbestosis.

The Board has determined that new and material evidence has been received to reopen the claim of entitlement to service connection for asbestosis, which was previously denied in September 1990.

The Board denied the veteran's claims for service connection for asbestosis and for a CUE in the August 1969 rating decision assigning a 20 percent rating for residuals of a gunshot wound to the left foot. The Board found no evidence of asbestosis, and determined that the August 1969 rating decision was not based on CUE.

The Board found that the veteran's chronic obstructive pulmonary disease, consistent with asbestosis, is due to his exposure to asbestos during service and granted service connection for this condition.

The Board denied service connection for residuals of asbestos exposure and chemical exposure, as well as the initial compensable evaluation for degenerative joint disease of the right knee. The veteran's current disabilities are not considered to be related to his military service.

The veteran's prostatic enlargement was not incurred or aggravated during service, and may not be presumed to have been due to herbicide exposure. The earliest medical evidence of a prostate disorder is from many years after separation.,The veteran's left lung fibrosis was not incurred or aggravated during service, and may not be presumed to have been due to asbestos exposure. The earliest diagnosis of a chronic lung disorder is from many years after the veteran's separation.

The Board has determined that the veteran's asbestosis is service-connected, and he is entitled to a noncompensable rating for his noncalcified pleural plaque. The lung disorder other than asbestosis is not service-connected.