Asbestosis decisions — 2010

The Board has decided to remand the Veteran's claim for service connection for asbestosis and asbestos-related diseases due to the need for additional development, including a VA examination.

The Board has remanded the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to insufficient development and an inadequate VA examination. The case needs further review after obtaining additional medical records and seeking clarification from the March 2010 VA examiner regarding whether his service-connected asbestosis alone renders him unable to secure or follow a substantially gainful occupation.

Service connection for major depressive disorder was granted as secondary to service-connected disabilities.,The Veteran's right knee disability is currently rated at 10 percent and a higher rating is denied.,The Veteran's left knee disability is also currently rated at 10 percent and a higher rating is denied.,Asbestosis has been increased in evaluation to 10 percent.,Service connection for TDIU prior to May 6, 2009 was granted.

The Board has determined that additional examinations and development are necessary before the claims can be fully adjudicated.

The Veteran's asbestos-related pleural plaques have been rated at zero percent since December 24, 2002. The VA Board found that the evidence did not support a compensable evaluation.

The Board found that the Veteran's hepatitis C was not incurred in service due to his own willful misconduct, and there is no current evidence of a hearing loss disability or asbestosis related to military service. The claim for hepatitis C was denied.

The Board denied an earlier effective date for the grant of service connection for asbestosis, finding that no claim was filed prior to January 18, 2008.

The Veteran's appeal for service connection for exposure to asbestos, to include asbestosis, has been withdrawn. The Board also dismissed the claim of entitlement to service connection for a low back disorder due to lack of evidence and further development is needed.

The Board found that there is no evidence of a current respiratory disability, including asbestosis, and no objective evidence relating the claimed condition to service. As such, the Veteran's claim for service connection for asbestosis was denied.

The Veteran's asbestosis is rated at 30 percent since March 4, 2009. His hearing loss remains noncompensable.

The Veteran's appeal is being remanded due to the need for a video conference hearing at the RO.

The Board has ordered that the case be remanded for additional development due to VA's duty to assist not being met.

The Board has dismissed the appeal as the appellant failed to respond to requests for evidence necessary to adjudicate her claim of service connection for the cause of the Veteran's death.

The Veteran's claim for TDIU is being remanded due to the need for a new opinion regarding his employability due to service-connected asbestosis and PTSD.