Asbestosis decisions — 2004

The veteran's appeal is being remanded due to the VA failing to satisfy VCAA requirements. The case will be handled in an expeditious manner.

The Board has determined that a remand of the veteran's claim is necessary due to conflicting findings regarding asbestos-related lung disease and its relation to service. The case will be returned to the RO for further development.

The veteran's service-connected asbestosis has been granted, but he is seeking a higher initial evaluation. The Board finds that a remand is necessary to determine the current severity of his condition and assign an appropriate rating.

The Board found no evidence of a pulmonary disorder in service or due to asbestos exposure, and thus denied the veteran's claim for service connection.

The Board has determined that the veteran's asbestosis does not warrant an increased evaluation, as his pulmonary function studies have consistently shown normal or above-normal results.

The Board found that the veteran was exposed to asbestos throughout his lifetime and likely during service. The evidence is in relative equipoise regarding whether exposure to asbestos during military service proximately caused the current diagnosis of asbestosis, thus granting service connection for asbestosis.

The Board denied the veteran's claim of service connection for COPD and asbestosis, finding no evidence linking these conditions to his military service.

The Board has remanded the case due to incomplete information and need for further examination. The veteran's service connection claim for asbestosis is on appeal.

The Board found that the veteran's substantive appeal of the May 2000 rating decision was not timely filed, and thus his appellate rights regarding this decision expired.

The veteran's claim for service connection for asbestosis is being remanded to the RO for additional development, including scheduling a videoconference hearing.

The Board found that the veteran does not have asbestosis related to his service and denied his claim for service connection.

The Board has decided to remand the case for further development, including obtaining medical records and conducting additional examinations. The claim of service connection for sleep apnea will be reconsidered in light of any new evidence.

The veteran is seeking service connection for asbestosis and colon cancer. The Board finds that additional development is necessary before these claims can be adjudicated.

The veteran is seeking service connection for asbestosis and COPD, which he claims are related to his in-service asbestos exposure. The VA has ordered further development of the evidence before deciding this appeal.

The veteran's service-connected disabilities, including PTSD and asbestosis, have rendered him unable to secure or follow a substantially gainful occupation. The Board has granted a total disability rating based on individual unemployability.