Asthma decisions — 2000

The veteran's appeal regarding his PTSD was granted with a 30 percent disability rating. The appeal concerning his initial rating for asthma, reactive airway disease, and bronchitis was withdrawn by the appellant prior to the Board's decision.

The veteran's claims for service connection for back injury and asthma were reopened due to new evidence. However, his claim for cataracts as secondary to asthma was granted. The VA found that the veteran did not incur a back disability during service and denied service connection for asthma. Additionally, the VA determined that compensation under 38 U.S.C. § 1151 for a below-the-knee amputation due to medical treatment by VA is not warranted.

The Board has determined that the veteran's claims for service connection are not well grounded and have been denied.

The veteran's appeal is being remanded for a hearing before a Board Member at the RO.

The veteran's claims for service connection are being remanded due to incomplete medical records. The RO is instructed to secure all relevant VA treatment records and National Guard service records before proceeding with the evaluation of his claims.

The Board found that the veteran's bronchitic asthma does not meet the criteria for an increased disability rating, as his FEV-1 and FEV1/FVC were within normal ranges and he did not require daily inhalational or oral bronchodilator therapy.

The veteran's service-connected bronchial asthma is currently evaluated at 10 percent, and the evidence does not meet the criteria for a higher evaluation under any applicable diagnostic codes.

The Board granted service connection for asthma and assigned a 30 percent disability rating effective from October 1996. The veteran is eligible to receive attorney fees of up to 20% of the past-due benefits awarded, which amounted to $2,664.56.

The Board denied a compensable rating for the veteran's service-connected rhinitis and found that his asthma warranted only a 10 percent evaluation.

The Board has determined that the veteran's claims of service connection for respiratory disability (including asthma), sinus disability, and residuals of a hysterectomy due to a gynecological disorder are not well-grounded.

The Board denied service connection for a left knee disability in January 1998, finding that the preponderance of evidence showed an acute episode without residual. The veteran's asthma claim was remanded to the RO.

The Board has found the veteran's claims for service connection for a back disorder and asthma are well-grounded. However, additional VA examinations are needed to determine if these conditions were incurred in service.

The veteran's claim for special monthly pension based on the need for regular aid and attendance of another person or being housebound due to disability was denied as he does not meet the criteria for such benefits.

The Board has determined that there is a plausible relationship between the veteran's current right knee disability and an injury during active service, thus granting service connection for residuals of a torn meniscus of the right knee. The asthma claim remains unresolved.

The Board found new and material evidence to reopen the claim for service connection for bronchial asthma, but determined that the evidence did not establish that the condition was incurred or aggravated by service. The veteran's preexisting asthma is presumed to have existed prior to his military service.

The Board denied the claim of service connection for the cause of the veteran's death, finding that there was no evidence linking any service-connected disability to his death.

The Board has determined that the veteran's claims for service connection for asthma, a bilateral ankle disorder, and a psychiatric disorder (including PTSD) are not well grounded. The evidence does not support a finding of current disabilities or a link to service.

The veteran's asthma was initially shown during peacetime service and is granted as service connected. The claims for gynecological disability (including ovarian cysts and PMS) and breast abnormality are not well-grounded.

The Board has determined that the veteran's asthma claim is not well-grounded, while his psychiatric disorder claim is well-grounded. The case will be remanded to further develop facts pertinent to the psychiatric disorder claim.

The veteran's PTSD was granted a 100 percent rating from April 13, 1990 to November 1, 1996. His asthma was rated at 30 percent since April 13, 1990.