Asbestosis decisions — 2009

The Veteran's appeal has been remanded for additional development, including issuance of a more comprehensive VCAA notice letter and scheduling of a videoconference hearing.

The Board has determined that the Veteran's asbestosis is related to service and grants entitlement to service connection.

The Veteran seeks TDIU based on service-connected asbestosis and arthritis. The Board has determined that a VA examination is needed to assess the impact of these disabilities on his employability.

The VA determined that the veteran's asbestosis does not meet the criteria for a compensable evaluation under the applicable rating schedule.

The Board previously denied the claim of entitlement to service connection for asbestosis on the merits. The Court set aside this decision and remanded the case for further development, including scheduling a VA respiratory examination by a board-certified pulmonologist.

The Veteran's service-connected asbestosis is rated at a 10 percent disability rating, and the evidence does not support an increase in this rating.

The Veteran's asbestosis has not met the criteria for a compensable disability rating based on Forced Vital Capacity (FVC) or Diffusion Capacity of the Lung for Carbon Monoxide by the Single Breath Method (DLCO(SB)) being within the range of 75-80% predicted or 66-80% predicted, respectively.

The Veteran's claims for service connection for dermatographia and asbestosis were denied. The claim for dermatographia was reopened, but the new evidence did not establish a current disability that is related to service.

The Board found that any lung problems during service were acute and transitory, and did not result in residual disability. The Veteran's current lung disorder began years after service and was not caused by any incident of service, including asbestos exposure.

The Board has denied the Veteran's claims for service connection for asbestosis of the left lung, carcinoma of the bladder, and carcinoma of the prostate due to a lack of evidence linking these conditions to his military service.

The Veteran is seeking service connection for chronic asbestosis, which he claims was caused by his inservice asbestos exposure. The claim will be remanded to obtain additional medical records and a VA examination.

The Veteran's appeal is remanded due to the need for additional development, including a VA pulmonary examination.

The Board found that the Veteran's respiratory disabilities other than asbestosis were not incurred or aggravated by his military service, and are not proximately due to or the result of his service-connected asbestosis. The claim for an initial rating in excess of 10% for asbestosis was also denied.

The Board has determined that the Veteran does not have a current diagnosis of asbestosis and therefore, service connection for this condition is denied.

The Veteran's service-connected asbestosis results in a forced vital capacity (FVC) of 86 percent predicted and a diffusion capacity of the lung for carbon monoxide by the single breath method (DLCO(SB)) of 56 percent predicted prior to September 7, 2007. The Board finds that an initial rating in excess of 30 percent is not warranted.