Asthma decisions — 2000

The Board has determined that the veteran's back disability is service-connected and has granted his claim. For his bronchial asthma, the RO should consider both pre-October 1996 and post-October 1996 criteria for evaluation.

The VA determined that the veteran's bronchial asthma does not warrant an evaluation in excess of 30 percent, based on current medical evidence and revised rating criteria.

The veteran's asthma and asthmatic bronchitis are productive of no more than moderate dyspnea, with FEV-1 between 40 to 55 percent from November 3, 1997 to May 19, 1998. The Board finds a 60% rating is warranted for this period.

The Board finds that the veteran's claim of service connection for asthma is well-grounded and grants it. The issue of the propriety of the initial 10 percent rating for epididymitis is also considered, with a request to obtain further medical opinions as needed.

The Board found that the veteran's claims for prostate disorder and asthma were not well-grounded, as there was no medical evidence of current disabilities. The exposure to herbicides claim is also denied due to lack of a service-connected condition.

The veteran's claim for an increased rating for his service-connected psychophysiologic reaction of the respiratory system and bronchial asthma was denied due to his failure to cooperate with a scheduled VA examination.

The Board denied service connection for PTB, asthma, beriberi, and dysentery as the appellant did not present sufficient medical evidence to support these claims.

The Board denied the veteran's claims for service connection due to lack of new and material evidence, as well as finding that his asthma claim was not well-grounded.

The Board finds that the appellant has submitted evidence suggesting that his bronchial asthma, which preexisted service, was aggravated by military service. The claim is well grounded.

The Board found that new and material evidence had been submitted to reopen the veteran's claim for service connection for asthma, which was previously denied in April 1985. The claim is now considered based on all available evidence.

The Board previously denied service connection for asthma, and the Court has ordered remand due to inadequacy of the examination and lack of discussion on additional service records.

The Board denied the veteran's claim for service connection for the cause of his death, finding that there was no evidence to support a link between mustard gas exposure or tobacco use during service and his lung conditions.

The veteran's asthma is currently rated at 10 percent, and the Board finds that a higher rating is not warranted based on the evidence provided.

The Board denied the veteran's claims of service connection for multiple conditions, including a shrapnel wound to the right leg, pulmonary tuberculosis, peptic ulcer disease, nephritis, rheumatoid arthritis, poor visual acuity, hearing loss, beriberi with neuritis, and nutritional deficiency. The decision also addressed the veteran's claim for former prisoner of war (POW) status for VA benefits.

The Board found that the veteran's service-connected asthma did not contribute to his death, and denied the claim of entitlement to service connection for the cause of the veteran's death.

The Board has ordered additional development of the veteran's medical records, including VA and private treatment records from his bronchial asthma since 1995. The case will be remanded for further review by a doctor with appropriate expertise to determine if the veteran is capable of obtaining and maintaining gainful employment due to his service-connected bronchial asthma.

The Board of Veterans' Appeals has dismissed the case as it does not have original jurisdiction to decide the eligibility for direct payment of a withheld contingency fee under 38 U.S.C.A. § 5904(d).

The Board has determined that the veteran's claims for service connection for asthma, diabetes mellitus, and thyroid disorder are well-grounded. The evidence supports these claims.

The Board has determined that the claim for service connection for bronchial asthma is not well grounded and therefore denied.

The veteran's service-connected bronchitis is rated at 30 percent, which is the highest rating available under the applicable diagnostic codes.