Asbestosis Board decisions

The Board has determined that the submitted evidence does not meet the criteria for reopening the claim of service connection for a chronic lung disease, including chronic obstructive pulmonary disease and asbestosis.

The Board has reopened the veteran's claims for PTSD and asbestosis, but has not decided whether these conditions were incurred or aggravated by service. The evidence submitted since the last decisions supports reopening of both claims.

The Board has determined that a timely substantive appeal was received regarding the January 1995 rating decision granting service connection for asbestosis and assigning a non-compensable rating. The claim of clear and unmistakable error in this decision is without legal merit. The veteran's service-connected asbestosis, confirmed by chest X-ray, meets the criteria for a compensable evaluation effective from December 10, 1996.

The Board denied the veteran's request for an earlier effective date for the grant of service connection for asbestos pleural disease, finding that May 29, 1997 was the correct effective date.

The veteran's PTSD is rated at 10% and his asbestosis has a noncompensable rating. The Board denied the claims for increased ratings, but granted a compensable evaluation for PTSD effective August 6, 1992.

The Board has determined that the veteran's current low back disability, including spondylolisthesis at L5-S1, was incurred during his active service. The claim for residuals of asbestos exposure is denied as there is no evidence of such exposure in service or post-service.

The VA denied an increased rating for the veteran's asbestos pleural disease and partial pneumothorax, right lung, finding that his disability did not warrant a higher evaluation based on the provided medical evidence.

The Board denied the veteran's claims for service connection for pulmonary tuberculosis and asbestosis, finding no evidence of current disability or a link to service.

The Board has granted a 60 percent rating for the veteran's service-connected restrictive lung disease, asbestosis. The claim to reopen his previously denied hearing loss claim remains denied.

The Board denied the veteran's claim for service connection for asbestosis and determined that he did not meet the criteria for nonservice-connected pension due to lack of permanent total disability.

The Board has found that new and material evidence sufficient to reopen the veteran's claim of service connection for asbestosis. The appeal is granted.

The Board denied the veteran's claims for service connection for COPD and a higher evaluation for asbestosis with asbestos-related pleural effusion, finding that there was no evidence to support these claims.

The Board denied the reopening of claims for service connection for bilateral hearing loss, diarrhea, and residuals of asbestos exposure due to lack of new and material evidence. The claim for a psychiatric disability was also denied.

The Board denied the veteran's claims for increased ratings for asbestosis, finding that a rating in excess of 10 percent was not warranted from January 23, 1995 to May 19, 1996 and that a rating in excess of 30 percent was not warranted on or after May 20, 1996.

The veteran's claim for a higher rating for carcinoma of the left upper lobe, status post resection with chronic obstructive pulmonary disease and history of asbestosis is granted. The other two claims for increased ratings are also granted.

The VA denied the appellant's claim for service connection for pulmonary asbestosis, finding that there is no current disability of pulmonary asbestosis and that the evidence does not support a link between his in-service asbestos exposure and his current condition.

The veteran's claim for an earlier effective date for service connection of asbestosis was pending at the time of his death, but the appeal is denied because it falls outside the two-year limitation period.

The Board has determined that the appellant's service connection claim for residuals of asbestos exposure should be granted, as his history of asbestos exposure during military service is sufficient to establish a direct link between his current condition and his service.

The veteran's application for RH insurance was denied because he did not meet the criteria of being in 'good health' as defined by VA standards. His service-connected condition, asbestosis, does not qualify him for RH insurance.

The Board has determined that the veteran does not have a current asbestos-related disability and therefore, service connection for asbestos exposure is denied. The ratings for his other service-connected disabilities are also denied.