Asbestosis decisions — 2002

The Board found that the veteran did not have chronic lung disease, including asbestosis, related to his service. The cause of death was determined to be unrelated to any service-connected disability.

The Board dismissed the appeal because no substantive appeal was submitted with respect to the initial compensable evaluation for asbestosis.

The veteran's claims for service connection for asbestosis, mesothelioma, a lung condition secondary to surgical clamps and wire in the lung, or a heart condition secondary to the service-connected lung disease were denied. The veteran's inactive pulmonary tuberculosis was found to be inactive since 1952 with no current active disease, warranting a 10% disability rating.

The Board denied the veteran's claims for service connection for asbestosis, hypertension, and bilateral hearing loss due to lack of evidence linking these conditions to his military service.

The Board found that the veteran's service-connected conditions did not cause or contribute substantially to his death from carcinoma of the lung and pulmonary asbestosis.

The VA denied the veteran's claim for an evaluation in excess of 30 percent for asbestos-related pleural changes, finding that his disability was adequately covered by the current 10 percent rating.

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 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 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 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 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 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.