Asbestosis decisions — 2010

The Veteran's petition to reopen his previously denied claims of service connection for a psychiatric disorder, respiratory disorder, and hearing loss was granted. Service connection for IBS with diverticulosis was also established, with an initial evaluation of 10 percent assigned effective from August 17, 2005.

The Board has granted the veteran's claim for service connection for asbestos related lung disease, finding that there is medical evidence linking current asbestos-related lung disease to service.

The Veteran's claim for a compensable disability rating for service-connected asbestosis is being remanded due to the need for further development, including review of his VA claims folder by an appropriate medical practitioner.

The Veteran's claim for service connection for asbestosis is being remanded due to conflicting medical opinions and the need for further examination.

The Board denied the Veteran's claims for service connection for asbestosis, an increased rating for his service-connected pleural thickening and fibrosis due to inactive pulmonary tuberculosis, and entitlement to a total disability rating based on individual unemployability due to service-connected disability (TDIU).

The Board has determined that a remand is necessary to determine if the Veteran's current lung disorder is related to his in-service exposure to asbestos.

The Veteran's service-connected disabilities, primarily his respiratory disability and hearing loss, render him unable to secure or follow substantially gainful employment. The Board finds that the fair preponderance of the evidence indicates that the Veteran is unable to obtain or maintain substantially gainful employment due to these conditions.

The Board denied service connection for various conditions including Parkinson's disease and tremors, a respiratory disorder claimed as asbestos exposure, diabetes mellitus, high cholesterol, hypertension, prostate disability, and a respiratory disability (claimed as allergies, hay fever, and asthma). The claims were either not supported by the evidence or new and material evidence was not submitted to reopen previously denied claims.

The Veteran's claims of service connection for a back condition and asbestosis are being remanded due to the need for VCAA compliance, clarification of medical records, and further examination.

The Board found no evidence linking the Veteran's COPD to service, including his exposure to asbestos in service. The COPD is instead linked to his long history of smoking.

The Board has remanded the case for further development, including scheduling a VA examination and obtaining additional records. The Veteran's claim for service connection for asbestosis and emphysema is pending.

The Veteran's service-connected disabilities did not preclude him from substantially gainful employment, and therefore the criteria for an award of TDIU are not met.

The Veteran's asbestosis was previously granted a 30 percent rating prior to February 6, 2002. The Board found that the evidence did not support a compensable rating for asbestosis after this date.

The Board found that the Veteran's sleep apnea is not related to his service-connected disabilities or medications, and denied the claim for service connection.

The Board has determined that the Veteran's asbestos related pleural disease does not warrant a compensable initial evaluation, as his respiratory function is currently within normal limits and he does not have any current impairment attributable to this condition.