Asthma decisions — 2001

The Board has reopened the claim of service connection for asthma and granted it, finding that new evidence submitted since the last final denial supports a possible relationship between the veteran's asthma and his military service.

The Board has remanded the case due to new regulations and laws regarding veterans' claims, including the Veterans Claims Assistance Act of 2000 (VCAA). The claim will be reconsidered with additional evidence and development.

The Board of Veterans' Appeals has determined that the veteran's preexisting asthma was aggravated by his military service, leading to a diagnosis of COPD. As such, the claim for service connection is granted.

The Board has granted service connection for hearing loss, tinnitus, low back pain, hip pain, and depression. Asthma was not found to be related to active service.

The veteran's bronchial asthma is currently evaluated at 30 percent, and the Board denied an increased rating. The veteran also sought a total evaluation based on individual unemployability due to his service-connected disabilities, but this was also denied.

The Board found new and material evidence, but the appellant's condition was not shown to be permanently incapable of self-support prior to his 18th birthday. The claim is therefore denied as it does not meet the criteria for recognition as a helpless child.

The VA has denied the veteran's claim for an increased disability rating for her bronchial asthma, currently evaluated at 30 percent. The evidence does not meet the criteria for a higher rating under Diagnostic Code 6602.

The veteran's respiratory disorder and cardiovascular disorder with hypertension are found to be service-connected. However, her claims for fatigue and hair loss due to an undiagnosed illness resulting from military service in the Persian Gulf are denied.

The veteran is seeking increased ratings for his service-connected bronchial asthma and TDIU benefits. The RO must obtain updated medical records, provide the veteran with a VA examination to assess the severity of his bronchial asthma, and readjudicate both issues.

The Board denied the veteran's claims for service connection for asthma, bilateral frostbite of the feet and hands, and a dental and gum disorder (claimed as 'trench mouth'), finding that his asthma existed prior to service and did not worsen during service. The claim for a dental disorder was also denied due to lack of timely application.

The Board has granted a 100 percent evaluation for bronchial asthma effective April 27, 1998. The heart disorder claim is remanded due to unclear nature of the condition and need for further examination.

The Board has granted a 30 percent rating for the veteran's service-connected bronchial asthma, effective September 24, 2001.

The Board has determined that the veteran's bronchial asthma does not meet or approximate the criteria for a disability rating higher than 60 percent under either the old or new rating criteria.

The Board denied the veteran's claims for benefits under 38 U.S.C.A. § 1151 for a myocardial infarction and an increased rating for asthma, finding that there was no competent medical evidence supporting his assertions.

The VA determined that the veteran's bronchial asthma, as manifested by FEV-1 levels of 65% and FEV1/FVC of 66%, does not meet or approximate the criteria for a higher evaluation.

The VA denied an increased rating for the appellant's pulmonary disability, maintaining a 30 percent evaluation since July 23, 1998. The evidence did not support a higher rating based on current levels of lung function and clinical findings.

The VA determined that the veteran's sinusitis and asthma warrant initial ratings of 10 percent, with sinusitis receiving a higher rating due to more frequent episodes requiring antibiotic treatment. The decision also noted that the veteran had multiple surgeries for his sinus condition.

The Board has determined that additional development is required to clarify the veteran's asthma and lower back disability, including whether these conditions pre-existed service or were aggravated by military service.

The veteran's overpayments of VA benefits for his children were found to be invalid due to administrative error, and the claims are denied.

The Board denied service connection for asthma and pneumonia, finding that the veteran's asthma was not incurred in or aggravated by active service and denying service connection for pneumonia as well.