Asbestosis decisions — 2010

The appellant's service-connected disabilities do not render him unemployable due to their severity.

The Veteran's service-connected asbestosis was found to be as likely as not manifested by Forced Vital Capacity of 50 to 64 percent of predicted value between January 1, 2007, and September 28, 2009, warranting a 60% rating.

The Veteran's asbestosis was rated at 10 percent since November 29, 2007. The Board found that the evidence did not warrant a higher rating.

The Board has determined that the Veteran's claimed lung and heart disabilities were not incurred in or aggravated by active military service, and denied service connection for these conditions.

The Board denied the Veteran's claims for service connection for asbestosis, sinusitis (secondary to asbestosis), and headaches (secondary to hearing loss and tinnitus). The decision was based on a lack of new and material evidence for asbestosis and the absence of a causal link between the claimed conditions and the service-connected disabilities.

The Veteran's asbestos-related pleural disease was initially rated as noncompensable prior to November 28, 2007. As of that date, the disability is now rated at 10 percent.

The Board denied the Veteran's claim for service connection for asbestosis, concluding that there is no evidence to support a link between his military service and the development of asbestosis. The decision also noted that any chronic obstructive pulmonary disease (COPD) found in the Veteran was attributed to tobacco use, which is not compensable.

The Board found that the Veteran's lung disorder, including asbestosis, was not incurred or aggravated in service. The evidence did not establish a connection between his current respiratory condition and his military service.

The Veteran's death was caused by multiple system failure due to infarction of the colon and gallbladder. The Board has ordered a remand for further development, including obtaining an opinion on whether asbestos exposure during service played a material causal role in his death.

The Veteran is seeking service connection for a respiratory disorder, including asbestosis and emphysema. The RO denied the claim due to lack of evidence linking current diagnoses to service or inservice asbestos exposure.

The Board has remanded the case for further development due to the Veteran's inability to attend a VA examination and the need for an addendum from the examiner.

The Board has determined that the Veteran's asbestosis developed as a result of service and grants service connection for this condition.

The Veteran's claim for service connection for a respiratory disorder, including as secondary to asbestos exposure during military service, is being remanded due to the need for additional development and evidence.

The Veteran's appeal is for a higher initial rating for asbestosis, which was initially granted with a noncompensable (0%) rating. The RO has requested additional medical evidence and will arrange for the Veteran to undergo VA pulmonary examination.

The Veteran's appeal involves multiple conditions and exposures, with the majority of issues seeking service connection for various health problems. The Board has determined that a hearing is needed to address these claims.