Asbestosis decisions — 2003

The Board found that the veteran does not suffer from sleep apnea or exposure to asbestos related to his service and denied both claims.

The veteran's appeal has been dismissed due to his death.

The Board found that the veteran's asbestosis is etiologically related to asbestos exposure during his active duty service and granted service connection for this condition.

The Board has granted the veteran's claim of entitlement to service connection for asbestosis and assigned a 30 percent evaluation, effective July 17, 1995. The veteran is seeking an initial evaluation in excess of 30 percent.

The Board has ordered further development due to pending issues regarding the veteran's asbestosis disability rating. The case is now remanded for additional evidence and a Pulmonary Function Test.

The Board has remanded the case for compliance with the Veterans Claims Assistance Act of 2000 and further development as needed.

The veteran's appeal for service connection for asbestosis is being remanded to the RO for a Travel Board hearing.

The Board has ordered further development due to pending issues regarding the veteran's asbestosis disability evaluation. The case is now remanded for additional evidence and a special VA examination.

The veteran's claim for an increased evaluation of asbestosis is being remanded due to the need to reschedule a travel board hearing.

The Board has ordered further development due to pending issues and is remanding the case back to the RO for additional consideration.

The veteran's appeal was denied as he did not provide the necessary documentation within one year of receiving notification that he could be eligible for additional compensation for his spouse. The effective date cannot be earlier than July 1, 1997, when he became eligible based on his increased rating.

The Board denied an increased rating for the veteran's pulmonary asbestosis, currently evaluated at 30 percent. The VA medical records showed that the veteran had a Forced Vital Capacity (FVC) of not more than 65- to 74-percent predicted or a Diffusion Capacity of the Lung for Carbon Monoxide by the Single Breath Method (DLCO (SB)) of not more than 56- to 65-percent predicted, which does not meet the criteria for a higher rating.

The veteran's claim for an initial compensable rating for service-connected asbestosis is being remanded due to procedural issues and the need to evaluate his condition under both old and new criteria.

The Board has reopened the veteran's claim for service connection for asbestosis and granted it, finding that new medical evidence supports a link between the veteran's current pulmonary disease and his military service.

The veteran's disabilities, including asbestosis with emphysema and pulmonary hypertension, recurrent right ankle sprains, depressive reaction/passive dependent personality/paranoid schizophrenia, duodenal ulcer, post-operative left nevus conjunctiva, bilateral foot disability, hiatal hernia, and refractive error, rendered him so helpless that he required regular aid and attendance of another person prior to April 9, 1999.