Asbestosis decisions — 2009

The Board denied service connection for the residuals of a shrapnel wound of the left upper back, left arm disability secondary to such wounds, chronic obstructive pulmonary disease with asthma secondary to asbestos exposure, and bilateral hearing loss.

The Board denied entitlement to an increased initial evaluation for asbestosis, finding that the preponderance of the evidence showed mild functional lung impairment due to asbestosis pleural disease without pulmonary asbestosis.

The veteran's initial compensable rating for asbestosis was denied because the evidence did not show that his Forced Vital Capacity (FVC) or Diffusion Capacity of the Lung for Carbon Monoxide by the Single Breath Method (DLCO (SB)) met the criteria required for a compensable evaluation under DC 6833.

The Board denied a compensable evaluation for pleural plaques and calcified asbestosis node based on the veteran's pulmonary function test results which did not meet the criteria for a 10 percent rating.

The veteran's claim for a compensable disability rating for asbestosis was remanded for additional medical opinion regarding the impact of non-service-connected COPD on PFT results.

The appeal is remanded to the agency of original jurisdiction for additional development, including a VA examination.

The appeal was dismissed due to the death of the appellant.

The Board granted service connection for the cause of the veteran's death, finding that asbestosis incurred in active naval service contributed substantially and materially to his death.

The veteran's asbestosis has not been found to be productive of Forced Vital Capacity (FVC) of 74 percent or less, or Diffusion Capacity of the Lung for Carbon Monoxide by the Single Breath Method (DLCO (SB)) of 65 percent or less of predicted value.

The appeal is remanded for additional development, including obtaining the veteran's complete service personnel records and arranging for a VA examination to determine the nature, extent, and etiology of any pulmonary or respiratory conditions.

The veteran's service-connected asbestos lung disease with reactive airways disease does not warrant a rating in excess of 30 percent based on the current evidence.

The veteran's asbestosis does not meet the criteria for an initial, compensable rating.

The appeal for service connection for a low back disorder was denied as there is no competent evidence linking the condition to service.

The veteran's claim for service connection for asbestosis was reopened but ultimately denied due to a lack of credible evidence linking the condition to his military service.

The Board denied the veteran's claim for service connection for asbestosis, finding that there was no evidence of asbestosis due to asbestos exposure in service.