Asbestosis decisions — 2009

The Board has granted service connection for asbestosis and a right shoulder disability other than DJD. The Veteran's asbestosis is related to in-service asbestos exposure, while his right shoulder disability is linked to the in-service injury.

The Board denied the Veteran's claims of service connection for asbestosis, bilateral hearing loss, and tinnitus. The evidence did not establish a nexus between these conditions and his military service.

The Board denied the Veteran's claims for service connection for tinnitus, asbestosis, bilateral hearing loss, and low back disability with arthritis. The decision also noted that VA failed to obtain relevant medical records from the Naval Hospital in Astoria, Oregon.

The Veteran's claim of service connection for a respiratory disorder, including asbestosis exposure, is being remanded due to conflicting medical evidence regarding the current existence and etiology of his claimed condition.

The Veteran's claims for service connection for throat cancer and asbestosis were denied because there was no evidence of a nexus between the conditions and his active duty service.

The Veteran's appeal has been dismissed for the issues of arthritis bilateral hands, low back disorder with arthritis, peripheral neuropathy lower extremity, bilateral knee condition secondary to low back problem, and arthritis bilateral rib cage. The claim for an initial compensable disability rating for bilateral hearing loss is denied.

The Board found that the Veteran does not have a current diagnosis of asbestosis and thus cannot establish service connection for this condition.

The Board has remanded the case for additional development to obtain medical records and provide a VA examination.

The Board found that the Veteran's asbestosis was not incurred in or aggravated by service and denied his claim.

The Board has determined that the Veteran's asbestosis is related to service, and thus grants the claim for service connection.

The Veteran's claim for service connection for asbestosis was denied because there is no current diagnosis of asbestosis and the evidence does not support a finding that he incurred or aggravated an existing condition during his military service.

The Veteran's appeal for service connection for type 2 diabetes mellitus has been withdrawn. The remaining issues of service connection for asbestos-related lung disability, hearing loss, and tinnitus are addressed in the REMAND portion.

The Veteran's lung disability, claimed as asbestosis or pleural plaques, is not service-connected due to lack of evidence showing a current disability and no link between the condition and his military service.

The Board has determined that the Veteran did not have asbestos exposure during service and there is no evidence of a current asbestos-related disorder. As such, the claim for service connection for an asbestos-related disorder is denied.

The Board has determined that an initial rating in excess of 30 percent is not warranted for the Veteran's service-connected pulmonary asbestosis. The criteria for such a higher evaluation have not been met.