Asbestosis decisions — 2010

The Veteran's respiratory disability, including asbestosis, has been rated at 30 percent since February 11, 2005. The Board found that the evidence did not support a higher rating based on the criteria in the VA Schedule for Rating Disabilities.

The Board found that the Veteran's claimed residuals of asbestos exposure are not related to his military service or any incident therein, and thus denied his claim for service connection.

The Board found that the effective date of December 16, 2005 is the earliest effective date assignable for service connection of a pulmonary condition, claimed as due to asbestos exposure.,Service connection was granted for a gastrointestinal disorder, including irritable bowel syndrome. However, it was determined that this condition is not related to active service or to a service-connected disability.

The Board has determined that the Veteran's COPD and asthma are not related to service exposure to asbestos, and his heart disease and hypertension are not related to service. The acquired psychiatric disorder is also not related to service.

The Veteran's initial claim for asbestosis was granted, but he is seeking a higher evaluation.,Effective August 18, 2008, the Veteran received a 10% rating for his service-connected asbestosis.

The Veteran's lung disorder, including asbestosis, is being remanded for further examination and opinion to determine if it is related to in-service asbestos exposure.

The Veteran's claims for service connection for skin cancer of the ears and arms, and for a pulmonary/respiratory disability due to asbestos exposure were denied. The Board found no evidence linking these conditions to service.

The Board found that the reduction of the Veteran's disability rating for benign pleural plaquing due to asbestos from 60 percent to noncompensably disabling, effective July 1, 2007, was not proper.

The Veteran's claim for a higher rating for his service-connected pulmonary asbestosis is granted, with the effective date to be determined.

The Board has granted service connection for asbestosis, finding that the Veteran's current respiratory condition is causally related to his in-service asbestos exposure. The COPD issue remains unresolved.

The Board has determined that the Veteran does not meet the criteria for a diagnosis of PTSD, and therefore service connection for this condition is denied. The Veteran's claims for frostbite of the right great toe and lung disorder claimed as due to herbicide and asbestos exposure are also denied.

The Veteran's claim for service connection for asbestosis was denied because the competent clinical evidence of record does not establish that he has this condition.

The Veteran's claim for service connection for residuals of a right leg injury was reopened. His claim for asbestosis was denied. The Board found that his left shoulder disorder, post-acromioplasty, warranted a 30% evaluation.

The Board has determined that the appellant is not entitled to an effective date earlier than August 17, 2007 for the grant of service connection and assignment of a 100 percent rating for asbestos related pleural disease with plaques.

The Board found that the reduction in the evaluation for pleural asbestosis from 30 percent to noncompensable was proper and a compensable rating is not warranted for the period beginning June 1, 2008.