Asthma decisions — 2000

The Board has determined that the veteran's chronic lung disorder is more likely than not related to pneumonia during service, granting service connection for this condition.

The Board denied claims for service connection for COPD and asthma, a bilateral knee disorder, and the cause of the veteran's death due to lack of evidence linking these conditions to his period of active service or exposure to ionizing radiation.

The Board denied service connection for allergic rhinitis, PTSD, and bronchial asthma. The veteran's claims of service connection for these conditions were not well-grounded, and new and material evidence was not submitted to reopen the claims.

The veteran's degenerative disc disease of the lumbosacral spine is currently rated at 40 percent effective July 15, 1997. The respiratory disorder (bronchial asthma) has been rated as 30 percent since February 1993.

The Board found no medical evidence linking the veteran's bronchial asthma to his service, and thus denied the claim for service connection.

The Board has denied the veteran's request to reopen his claim for service connection for residuals of pneumonia, finding that no new and material evidence was submitted. The decision is considered final as it was affirmed by a court ruling.

The VA determined that the veteran's bronchial asthma is currently evaluated at a 30 percent disability rating, which is the maximum evaluation available under current criteria.

The veteran's claim for an earlier effective date for nonservice-connected disability pension was denied as the earliest effective date assignable is December 29, 1994.

The VA denied the veteran's claims for an initial rating in excess of 10 percent for asthma and service connection for residuals of a right eye injury. The VA found that there was no evidence of current disabilities related to his claimed conditions.

The veteran's asthma is rated at 30 percent, arthritis of the thoracic and lumbar segments of his spine remains at 10 percent, and hemorrhoids are not compensable.

The Board has granted a rating of 30 percent for asthma and found no basis to grant a higher rating. The veteran's shrapnel wounds have been rated as non-compensable.

The Board denied service connection for a heart disorder and found that the veteran's COPD with asthma warranted a 30% rating from March 15, 1995. The effective date of this award was not specified.

The Board has granted service connection for asthma and awarded TDIU benefits effective December 5, 1997. The attorney is eligible to receive a fee of up to 20% of past-due benefits from this award.

The Board has granted the veteran's claims for service connection for right shoulder disability, asthma, and chronic sinusitis. The rating assigned for right shoulder disability is 20 percent. Service connection for migraine headaches and organic disability manifested by chronic abdominal pain remains in controversy.

The Board found that there is no medical evidence linking the veteran's current asthma to his military service, and thus denied his claim for service connection.

The veteran's anxiety neurosis is rated at 50 percent, his bronchitis remains at 0 percent, and his sinusitis is rated at 10 percent from October 1994 to October 1996. The veteran's total rating based on individual unemployability claim was denied.

The Board found that new and material evidence had not been submitted to reopen the claim for service connection for bronchial asthma. The veteran's pre-existing condition was established, and there is no indication of aggravation during service.

The Board denied the veteran's claim for service connection for bronchial asthma in July 26, 1990. The decision was based on the lack of clinical diagnosis of bronchial asthma in the veteran's service and post-service medical records.

The Board has dismissed the appeal as the appellant withdrew it.

The veteran's appeal was denied on all issues related to his service-connected conditions, with the exception of a denial for an increased rating for dysthymic disorder. The RO found that the veteran's dysthymic disorder did not meet criteria for a higher rating.