Asbestosis decisions — 2010

The Veteran's asbestosis has been rated at 30 percent since September 9, 2002. The Board found that the evidence did not support a higher rating.

The Veteran's claims for higher initial evaluations for bilateral lower extremity radiculopathy have been dismissed due to the failure to file a timely substantive appeal.,The Veteran's claims for service connection for bilateral hearing loss, right hip and left shoulder disability, right knee disability, acquired psychiatric disorder, and respiratory disability (claimed as lung disease due to asbestos exposure) have been dismissed due to the failure to file a timely substantive appeal.

The Board denied the Veteran's claims of service connection for right knee disorder, COPD or asbestosis, pulmonary hypertension, vascular hypertension, and sinusitis. The Board found that there was insufficient evidence to establish a link between these conditions and his military service.

The Board has granted service connection for asbestosis.

The Board has reopened the Veteran's claim for service connection for asbestosis and finds that new and material evidence has been received. The Veteran now has a current diagnosis of asbestosis, which is considered to be related to his military service.

The Veteran's appeal is being remanded to the RO for additional action, including affording him a VA examination and reviewing his claims file.

The Veteran's appeal is remanded for further development, including a VA examination and consideration of his TDIU claim.

The Veteran is seeking service connection for a lung disability, including COPD and asbestosis. The Board has determined that additional evidence is needed to adjudicate the claim.

The Board has granted service connection for hypertension, residuals of strokes, and a chronic respiratory disorder. The Veteran's hypertension is related to his service-connected diabetes mellitus, type II; the residuals of strokes are related to his hypertension; and the chronic respiratory disorder is related to asbestos exposure in service.

The Board has decided to remand the case due to the need for a VA examination and additional development of evidence.

The Veteran's claims of service connection for a bilateral shoulder disability and asbestosis, as well as his claim for TDIU, are being remanded due to incomplete development.

The Board finds that the Veteran's asbestosis is at least as likely as not attributable to his service in the U.S. Navy, and grants his claim for service connection.

The Veteran's service-connected asbestos-related lung disease does not render him unemployable due to his age and lack of qualifications for sedentary work.

The Veteran's appeal is being remanded to the RO for additional development, including obtaining VA treatment records and scheduling a medical examination. The issues are whether he should receive higher ratings for his service-connected urticaria and asbestos-related pleural disease.