Asbestosis decisions — 2006

The Board has determined that service connection is not warranted for the veteran's left shoulder disability. The claim of entitlement to a higher evaluation for asbestosis will be addressed in a separate remand.

The Board denied the veteran's claims for an initial compensable disability rating prior to March 30, 2005, and a rating in excess of 30 percent thereafter for service-connected asbestosis.

The Board denied the veteran's claim for service connection for respiratory disorders, including COPD, emphysema, and asbestosis, to include as due to exposure to ionizing radiation because there was no evidence of a chronic respiratory disorder in service or related to military service. The veteran did not meet the definitions of a radiation-exposed veteran or one who engaged in a radiation-risk activity.

The veteran's diagnosed lung disorder, pulmonary asbestosis, is found to be related to his military service and the Board grants service connection for this condition.

The veteran's claim for an effective date prior to January 31, 2001, for service connection of asbestos-related lung disease was denied as there is no evidence showing a claim was filed before that date.

The Board denied service connection for restless leg syndrome, anxiety disorder, and respiratory disorder (claimed as asbestosis) due to lack of a current diagnosis in the claims file.,There is no evidence linking any claimed conditions to service or service-connected disabilities.

The Board has determined that the veteran's claimed disabilities are not related to his active service and have denied all claims for service connection.

The VA determined that the veteran's death was not caused by or substantially contributed to by any service-connected disability, including diabetes mellitus Type II, coronary artery disease (CAD), cerebrovascular accident (CVA), and asbestosis. The Board found no evidence linking these conditions to his military service.

The Board denied the veteran's claims for service connection for thoracic aortic dissection and asbestosis, finding no evidence of an in-service injury or exposure that caused these conditions.

The Board denied the veteran's claims for service connection for asbestosis and a left hip disorder, finding that there was no evidence linking these conditions to his active duty service. The lumbosacral strain is currently rated at 40 percent due to its severity.

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

The Board has determined that the veteran's service-connected pulmonary asbestosis does not warrant a disability rating greater than 10 percent.

The Board has determined that the veteran's service-connected asbestosis does not warrant a compensable evaluation, and his claim for COPD is denied.

The veteran does not have asbestosis due to inservice asbestos exposure and the claim is denied.

The Board denied the claim as no new and material evidence was submitted to show that a contributing cause of the veteran's death was 'history of asbestosis'. The preponderance of the evidence is against this claim.