Asbestosis decisions — 2004

The veteran's claim for service connection for asbestosis is being remanded due to the need for additional development and notification under the provisions of the Veterans Claims Assistance Act of 2000 (VCAA).

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

The Board has determined that the veteran's claim of entitlement to service connection for asbestosis is dismissed due to his failure to respond within one year to a request for information and evidence. The Board also found that asbestosis was not incurred as a result of the veteran's active military service.

The Board has granted the veteran's claim of service connection for asbestosis, finding that it is related to his military service exposure. The appeal was decided on the merits without any presumption or secondary service connection.

The Board has determined that the veteran's bilateral sensorineural hearing loss and tinnitus are service-connected due to in-service noise exposure. The claim for asbestosis is remanded for further action.

The VA has granted service connection for asbestosis but assigned a non-compensable disability rating.

The Board has determined that the veteran's pleural asbestosis is related to his in-service exposure and has granted service connection for this condition.

The Board found that the veteran's right ear hearing loss was not incurred in or aggravated by active service and denied his claim for service connection.

The Board found that the veteran's COPD is not secondary to his service-connected pulmonary asbestosis.

The veteran's claim for service connection for asbestosis is being remanded due to the need for further development regarding his in-service and post-service exposure to asbestos, including a pulmonary examination.

The veteran's exposure to asbestos in service caused or contributed substantially and materially to his cause of death, which was respiratory failure due to pneumonia with significant contributions from asbestosis.

The Board finds that the veteran has provided competent evidence of asbestos exposure during service and medical evidence linking his current asbestosis to this exposure. Therefore, the claim for service connection is granted.

The Board has remanded the case for additional development due to incomplete records and further consideration of the veteran's claims.

The veteran's claim for service connection for a lung disorder, including asbestosis, is being remanded due to inadequate VCAA notice and the need to obtain SSA records.

The Board denied the veteran's claim for service connection for bilateral interstitial fibrotic changes in the lungs, pneumoconiosis, and asbestosis due to exposure to asbestos. The Board found that there was no competent evidence linking the current respiratory disability to service or to an incident of service origin, including claimed exposure to asbestos.