Asbestosis decisions — 2004

The Board denied the veteran's claims for higher ratings for asbestosis, finding that the evidence did not warrant a rating in excess of 60 percent for the period from October 7, 1996 to October 21, 2003. The effective date for the highest (100%) rating remains October 22, 2003.

The Board found no evidence of current asbestosis or its residuals, and thus denied the veteran's claim for service connection.

The veteran's claim for enhanced DIC was denied as he did not have a service-connected disability rated totally disabling for at least eight years immediately preceding his death.

The Board has remanded the case to the RO for additional action due to issues related to earlier effective dates for TDIU and service connection for asbestosis.

The Board has decided to remand the case for further development and consideration of the veteran's claim for service connection for asbestosis.

The VA determined that the veteran does not have asbestosis and therefore, service connection for this condition cannot be granted.

The Board found that the veteran's asbestosis was incurred in active service and granted service connection.

The Board denied service connection for asbestosis, residuals of a left leg fracture, and residuals of a right arm fracture. The claimant's contention that he was exposed to asbestos during his military service could not be substantiated by the medical evidence provided.

The veteran's claims for service connection and increased evaluations were denied. The TDIU claim was also denied as the veteran's service-connected disabilities do not prevent him from securing and following substantially gainful employment.

The Board found no evidence of chronic obstructive pulmonary disease, emphysema, or asbestosis in service and denied the claim based on lack of a nexus between current conditions and asbestos exposure.

The Board has determined that the veteran's current pleural plaque and emphysema/COPD are related to his asbestos exposure during military service, leading to a grant of service connection for these conditions.

The VA determined that the veteran's asbestosis was not incurred or aggravated during his military service and denied his claim for service connection.

The Board found no evidence to support the veteran's claim of service connection for asbestosis, concluding that his current lung disorder is not related to asbestos exposure during service.

The Board found that the veteran's asbestosis did not warrant a rating higher than 10 percent, based on his pulmonary function test results.

The Board has determined that the veteran's service connection claim for asbestosis is granted, finding evidence of current disability and its relation to in-service asbestos exposure. The case was remanded due to the need for additional development regarding pre-service, in-service, and post-service exposure to asbestos.