Asthma decisions — 2001

The Board has determined that further development is needed to ensure compliance with recently enacted legislation and to clarify the veteran's diagnostic picture and obtain an opinion as to the etiology of any current respiratory disorder.

The Board found that the claimant does not have current asthma and there is no relationship between claimed exposure to second-hand smoke in service and his claimed asthma. Therefore, the claim for service connection was denied.

The Board has determined that the veteran developed nicotine dependence during service, which led to chronic obstructive pulmonary disease (emphysema) and asthma. The VA also found a connection between his allergies and his respiratory condition. Service connection is granted for these conditions.

The Board granted a 30 percent rating for bronchial asthma, effective December 8, 1998. The veteran's seizure disorder was not service-connected due to lack of evidence showing its onset in or within one year after service.

The Board denied the veteran's claim for service connection of coronary artery disease secondary to his service-connected bronchial asthma with COPD, finding no evidence that the coronary artery disease was related to either condition.

The Board is remanding the case to the RO for further action, including consideration of new evidence and compliance with the Veterans Claims Assistance Act of 2000.

The Board dismissed the appeal regarding an increased evaluation for bronchial asthma as no substantive appeal was filed. The Board granted restoration of a 100 percent schedular evaluation for schizophrenia, effective from March 1, 1984.

The veteran's claim of service connection for asthma was denied in April 1954. The RO has now determined that new and material evidence has been submitted to reopen the claim.

The veteran's asthma has been rated at 30 percent since the effective date of service connection. The VA examiner found that daily inhalation therapy is required for his asthma, which meets the criteria for a 30 percent rating under Diagnostic Code 6602.

The Board of Veterans' Appeals has determined that further development is necessary before the case can be reviewed, including obtaining medical records and conducting a VA examination to determine if the veteran's asthma is related to his service-connected rhinitis and sinusitis.

The veteran's service-connected bronchial asthma contributed to his death, and the Board has granted service connection for the cause of death.

The veteran's appeal for service connection for bronchial asthma has been dismissed due to his death.

The Board found that the veteran's asthma existed prior to service and did not worsen during service, thus denying service connection.

The veteran's claim for an increased rating for his service-connected bronchial asthma is being remanded to the RO for further evaluation and consideration.

The VA granted an increased evaluation for the appellant's service-connected bronchial asthma from 10 to 30 percent disabling, effective October 7, 1996.

The Board has granted a 10 percent evaluation for postoperative right inguinal herniorrhaphy, but did not address the claim for service connection for asthma as it is not currently before the Board.

The Board of Veterans' Appeals (Board) has remanded the case for further development due to a lack of evidence supporting the veteran's claims for service connection for asthma, pulmonary tuberculosis, and emphysema as a result of exposure to herbicides in service. The RO is instructed to obtain all relevant medical records and ensure that the new notification requirements and development procedures under the Veterans Claims Assistance Act of 2000 are fully complied with.

The Board denied the appellant's claims for service connection for the cause of her husband's death and payment of Dependency and Indemnity Compensation (DIC) benefits under 38 U.S.C.A. § 1318, finding that there was no legal basis to grant either claim due to a change in law regarding tobacco-related disabilities.

The veteran's bronchial asthma, which began during service and was aggravated by post-service employment as a coal miner, contributed to his death from congestive heart failure. The Board granted service connection for the cause of the veteran's death.

The Board has granted a 30 percent evaluation for asthma, which was previously established in an August 1996 rating decision. The veteran's appeal remains pending as he is seeking the maximum available evaluation.