Asbestosis decisions — 2004

The Board has remanded the case for further development and consideration, including obtaining additional medical records and ensuring compliance with procedural requirements.

The Board denied the veteran's claims for service connection for COPD and asbestosis, finding no evidence of a nexus to service.

The Board denied service connection for asbestosis and residuals of cold injuries to both lower extremities, finding no credible evidence of exposure to asbestos or cold injuries during service.

The veteran withdrew his appeal for service connection for asbestosis during the August 2003 Board hearing. The issues of PTSD and bilateral hearing loss are being remanded for further development.

The veteran's claim for service connection for a lung disability, including asbestosis and bronchitis, is being remanded due to the need for additional development of evidence.

The VA denied the veteran's claim for an initial compensable disability rating for asbestos related pleural disease, finding that his lung function tests did not meet the criteria for a compensable rating.

The Board has dismissed the appeal due to the appellant's withdrawal of the appeal prior to a decision being made.

The Board denied the veteran's claims for service connection for a lung disorder claimed as asbestosis and an increased rating for his appendectomy scar. The veteran was not granted any new evidence to reopen his claim, and there is no indication of asbestos exposure in his military service.

The Board denied the veteran's claims for service connection for bilateral hearing loss and asbestosis, finding no evidence of a nexus between these conditions and his military service.

The case is being remanded due to the need to obtain additional records from the Social Security Administration.

The veteran's claim for a compensable evaluation for asbestosis, initially granted in service connection, is being remanded to the RO for additional development and readjudication.

The Board found that termination of DIC benefits was proper due to concurrent receipt with FECA benefits, and the issue of an earlier effective date for DIC benefits is moot. The overpayment in question was created by VA administrative error.

The Board has remanded the case due to procedural defects in notification and development under the VCAA. The veteran's claims for service connection are now pending with the RO.

The Board has granted the veteran's claim for service connection for asbestosis, finding that it is related to his military service without relying on any presumption or previously service-connected condition.

The Board has determined that the veteran's service connection claim for asbestos exposure residuals is granted, as there was sufficient evidence to support a finding of service connection based on direct evidence.