Asbestosis decisions — 2006

The veteran's appeal is being remanded for further action, including scheduling a Board hearing at the RO.

The Board has determined that the appellant's lung disability and COPD were not incurred in or aggravated by service, as there is no competent evidence to support a finding of such. The VA examiner indicated that the current lung disability could not be related to his short period of active duty without resorting to speculation.

The veteran's appeal is being remanded due to the need for further development and adjudication of his claim, including consideration of whether there was clear and unmistakable error (CUE) in a previous rating decision.

The veteran is granted service connection for asbestosis, which he claims was incurred during his military service due to exposure to asbestos.

The veteran's claim for an increased rating for his service-connected interstitial lung disease, including asbestosis, is being remanded due to the need for additional development and evaluation of his disability.

The Board found no evidence of a bilateral leg disorder, low back disorder, asbestosis, or hole in the heart (atrial septal defect) that was incurred during service. The veteran's preexisting hole in the heart was not aggravated by service.

The Board has remanded the veteran's claims for further development, including affording him a VA examination to determine if he has any skin or lung conditions related to service and/or asbestos exposure.

The Board has denied the appellant's claims for service connection for asbestos-related lung disease and rheumatoid arthritis, finding no current disability or evidence of a nexus to service.

The Board has determined that the veteran does not have a current diagnosis of asbestosis and there is no competent evidence linking this condition to service. As such, the claim for service connection for asbestosis is denied.

The VA determined that the veteran does not have a lung disorder related to service or in-service exposure to asbestos, and thus denied his claim for service connection.

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

The Board has determined that the veteran's currently demonstrated asbestosis is likely due to his exposure during service, and thus grants service connection for asbestosis.

Your appeal is being remanded to the RO for scheduling a hearing before a Veterans Law Judge at the RO. The case will be returned to the Board after any necessary action.

The Board found no evidence of asbestos exposure during service and denied the claim for service connection for asbestos lung disease as it is not related to the veteran's service or any incident therein.

The Board found that the veteran's respiratory disorder was not incurred in or related to service, specifically due to lack of evidence supporting exposure to asbestos during service and a significant latency period for asbestos-related diseases.