Asbestosis decisions — 2004

The Board has remanded the veteran's claims for additional development due to incomplete records and need for new VA examinations.

The veteran's claim for an increased evaluation of his asbestosis disability is being remanded due to the need for additional development, including a new VA examination and notification requirements under the Veterans Claims Assistance Act of 2000.

The Board found no evidence of asbestos exposure during service and concluded that the veteran's current pulmonary condition is not related to such exposure. The claim for service connection was denied.

The February 1998 rating decision denied an evaluation in excess of 60 percent for asbestosis, finding that the evidence did not support a higher rating based on pulmonary hypertension or other criteria.

The VA determined that the veteran's service-connected status post right upper lobectomy with history of lung cancer secondary to asbestos exposure warranted a 10 percent disability rating, based on current pulmonary function test results showing mild to moderate restrictive changes.

The Board has determined that additional development is needed to determine the nature and etiology of any diagnosed pulmonary disorder, including asbestosis. The veteran was exposed to asbestos during his military service but also worked for companies where he may have been exposed post-service.

The Board denied the veteran's claim for service connection for asbestosis, finding no current medical diagnosis of the condition and noting that there was no evidence of asbestos exposure during his active duty in the Navy.

The Board has determined that additional development is needed before the claim can be decided on its merits.

The veteran's claim for service connection for asbestosis is being remanded due to incomplete records and the need for further examination.

The Board denied the veteran's claim for service connection for asbestosis, concluding that it did not incur in or aggravate by active service and was more likely attributable to post-service civilian asbestos exposure.

The Board has remanded the case due to new VCAA requirements and need for a VA examination.

The Board denied the veteran's claim for an increased evaluation for asbestosis, finding that his disability did not warrant a compensable rating based on the evidence of record.