Asbestosis decisions — 2010

The Board denied service connection for a respiratory disability, including asbestosis and lung disease, and memory loss. The Veteran's claims were not supported by competent medical evidence linking the disabilities to his military service.

The Veteran's asbestos-related lung disease with COPD has necessitated outpatient oxygen therapy since August 10, 2010. Prior to this date, the disability did not meet the criteria for a 60% or higher rating under DCs 6833 and 6604. The Veteran's PTSD is currently rated at 70%, reflecting significant occupational and social impairment.

The Board has determined that new and material evidence has not been received to reopen the Veteran's previously denied claims of service connection for asbestosis and hypertension. The claim of service connection for PTSD remains denied.

The Board has determined that the Veteran does not have a current disability involving in-service asbestos exposure and therefore, service connection for asbestosis is denied.

The Veteran's appeals for increased ratings for Major Depressive Disorder, tinnitus, and asbestosis have been withdrawn. The appeal regarding TDIU was also dismissed. Asbestos exposure is not considered a factor in the Veteran's respiratory symptoms or hearing loss.

The Veteran's in-service exposure to asbestos is at least as likely as not related to the development of asbestos-related pleural plaques, which are a form of lung disease. The Board grants service connection for this condition.

The Veteran's claim for an initial compensable evaluation for asbestosis is being remanded due to the need for a new VA examination.

The Board has determined that the Veteran does not have asbestosis or sarcoidosis that is related to his military service.

The Veteran's claims for higher initial ratings were denied. The VA found that the scars and nerve paralysis did not warrant a compensable rating.

The Veteran's claims for service connection have been denied. The RO found no evidence of exposure to Agent Orange or other herbicide agents during his military service, and thus could not grant service connection based on presumptive exposure. Additionally, the Veteran did not meet the criteria for secondary service connection due to underlying Type II diabetes mellitus.

The Board has remanded the Veteran's claim for service connection for an asbestos-related lung disease due to exposure during military service. The case is being returned for further development, including verification of asbestos exposure and a VA examination.

The Board has remanded the Veteran's claims for bilateral hearing loss and lung disorder to include asbestosis or ionizing radiation due to incomplete development, including obtaining additional medical records and conducting further examinations.

The Veteran's appeal has been dismissed due to his death while the appeal was pending.

The Veteran's appeal is being remanded to the RO for further development of the evidence and due process development, including adjudicating a new claim for an increased rating for asbestos-related pleural plaques. The T/R issue will be reconsidered in light of all service-connected disabilities.

The Board has determined that the Veteran's current respiratory disorder, claimed as asbestosis, is at least as likely as not related to his in-service exposure to asbestos. As a result, service connection for this condition is granted.