Asbestosis decisions — 2003

The Board has remanded the case due to the need for compliance with the Veterans Claims Assistance Act of 2000 (VCAA) and additional development is required.

The Board has remanded the case for additional development due to the need for clarification of whether the veteran's current hearing loss is related to service. The RO should consider this new evidence and readjudicate the claims.

The Board finds that there is no evidence of a nexus between the appellant's asbestosis and service, and therefore denies the claim for service connection.

The Board found that the veteran does not have a disability resulting from asbestos exposure incurred in or aggravated by active military service.

The Board denied an increased rating for asbestosis and did not address the claims to reopen service connection for frostbite of the feet, residuals of hemorrhoidectomy, and pilonidal sinus.

The Board denied the veteran's claim for service connection for asbestosis, finding no current disability associated with the condition and noting that there was insufficient evidence to establish a relationship between in-service asbestos exposure and the development of asbestosis.

The veteran's request for a hearing before a Veterans Law Judge at the RO has been renewed, and he is requesting that his case be remanded due to the need for such a hearing.

The veteran's appeal is being remanded due to the need for a personal hearing before a Veterans Law Judge. The case will be returned to the Board after the hearing.

The Board found that the appellant's current asbestos-related disorder is not related to his service and denied the claim for service connection.

The Board denied the veteran's claim for service connection for asbestosis and lung problems, finding no current disability and rejecting the claims based on in-service asbestos or Agent Orange exposure.

The VA has granted a 30 percent rating for asbestosis with emphysematous changes and bilateral small bullae, effective June 7, 2001. The veteran's condition was previously rated at 10 percent from November 12, 1997.

The Board found no current asbestos-related disability and denied the veteran's claim for service connection.

The Board finds that the veteran does not currently have asbestosis and therefore, service connection for this condition is denied.

The Board found that an effective date earlier than January 26, 1998 is not warranted for the assignment of a schedular 100 percent disability rating for service connected respiratory insufficiency with obstructive and restrictive airway disease due to asbestos exposure.

The Board found that the veteran did not have asbestos-related pleural disease or other disability associated with exposure to asbestos in service, and thus denied his claim for service connection.