Asbestosis decisions — 2001

The Board has remanded the case due to a significant change in the law concerning well-grounded claims, and additional development is required under the Veterans Claims Assistance Act of 2000.

The RO granted service connection for right knee disability and assigned a noncompensable evaluation. The veteran's claims for higher rating, service connection for exposure to asbestos, and service connection for exposure to chemicals are pending.

The Board has determined that the veteran's asbestosis is related to exposure to asbestos during service and grants service connection for this condition.

The veteran's service-connected residuals of asbestos exposure have been shown to result in valid FVC values of no less than 84 percent of predicted value, which is not sufficient for a compensable evaluation. The Board denied the claim for an increased rating.

The veteran's asbestosis is currently rated at 10 percent disabling, and the Board finds that this rating is appropriate given his pulmonary function test results.

The veteran seeks service connection for asbestosis and chronic obstructive pulmonary disease, which he claims are related to asbestos exposure during his military service. The VA is remanding the case for additional development including obtaining medical records and scheduling a VA examination.

The Board of Veterans' Appeals has denied the veteran's claim for a total rating based on individual unemployability due to his service-connected asbestosis. The RO found him unemployable, but this decision is not clear and may be reconsidered with additional evidence.

The Board of Veterans' Appeals has denied the veteran's claim for service connection for asbestosis or an asbestos-related lung disorder, finding that there is no evidence linking his current lung disorder to in-service exposure.

The VA denied the veteran's claim for service connection for asbestosis.

The Board denied the veteran's claim for service connection for asbestosis, finding no competent medical diagnosis or link between his in-service exposure to asbestos and any current disability.

The veteran's claim for service connection for asbestosis was denied in April 1995. The appellant did not timely appeal this decision, and the RO granted the claim as an accrued benefit to her as his surviving spouse on February 20, 1998, with a 100% rating effective from August 22, 1997.

The Board has ordered additional development due to the need for medical records and a VA examination, as well as obtaining authorization from the veteran for release of information.

The veteran's right foot condition is rated as 10 percent for plantar warts. Service connection was denied for asbestosis and skin cancer.

The Board denied the veteran's claims for service connection for a positive PPD converter and residuals of asbestos exposure, finding no current disability associated with these conditions.

The veteran's lung cancer, emphysema, and asbestosis were all service-connected. However, the service-connected conditions did not cause his death.