Asbestosis decisions — 2002

The Board has determined that new and material evidence has been received to reopen the claim of entitlement to service connection for asbestosis, which was previously denied in September 1990.

The Board denied the veteran's claims for service connection for asbestosis and for a CUE in the August 1969 rating decision assigning a 20 percent rating for residuals of a gunshot wound to the left foot. The Board found no evidence of asbestosis, and determined that the August 1969 rating decision was not based on CUE.

The Board found that the veteran's chronic obstructive pulmonary disease, consistent with asbestosis, is due to his exposure to asbestos during service and granted service connection for this condition.

The Board denied service connection for residuals of asbestos exposure and chemical exposure, as well as the initial compensable evaluation for degenerative joint disease of the right knee. The veteran's current disabilities are not considered to be related to his military service.

The veteran's prostatic enlargement was not incurred or aggravated during service, and may not be presumed to have been due to herbicide exposure. The earliest medical evidence of a prostate disorder is from many years after separation.,The veteran's left lung fibrosis was not incurred or aggravated during service, and may not be presumed to have been due to asbestos exposure. The earliest diagnosis of a chronic lung disorder is from many years after the veteran's separation.

The Board has determined that the veteran's asbestosis is service-connected, and he is entitled to a noncompensable rating for his noncalcified pleural plaque. The lung disorder other than asbestosis is not service-connected.

The Board found that the veteran does not have asbestosis related to asbestos exposure in service and denied his claim for service connection.

The Board found that the veteran's asbestosis is not related to his period of active duty service and denied the claim.

The Board found no evidence of asbestosis or asbestos-related lung disorder in service and denied the veteran's claim.

The Board found no evidence of asbestosis or asbestos-related disease related to the appellant's active military service and denied his claim for service connection.

The Board denied the veteran's request for an earlier effective date of March 1, 1991, for service connection of asbestosis. The RO had received his original claim on May 26, 1998, and found that no informal claim was submitted prior to this date.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim of service connection for asbestosis, which was previously denied in October 1996. The reopened claim will now be reviewed on its merits.

The Board found that the veteran's death was not caused by a service-connected condition, and denied the claim.

The veteran was granted an effective date of January 2, 1997 for his individual unemployability and a 60 percent evaluation for asbestosis. The decision on the earlier effective date is considered clear and unmistakable error.

The veteran's claims for service connection were denied as there was no evidence of a current disorder related to his claimed asbestos exposure or any chronic illness due to fluctuating weight, joint/muscle complaints, hepatitis, Rickettsia, Leishmania or chronic viral infections. The veteran's sleep disorder and subluxation of the left shoulder were also found not to warrant an increased rating.