Asthma decisions — 2001

The Board denied the appellant's claim for service connection for the cause of her husband's death, finding that there was no evidence linking his death to any service-connected condition or to conditions he may have acquired as a POW.

The veteran's service connection claims for various conditions, including migraine headaches, COPD, asthma, tussive syncope, fatigue, major depression and PTSD, joint soreness due to an undiagnosed illness, hepatitis C, diarrhea, dental disorders (loss of teeth), and hemorrhoids have been granted. The service connection is determined on the merits for these conditions.

The Board has determined that additional development is needed to determine if the appellant's asthma was incurred in service, and whether any increase in severity during service would be considered as due to natural progression or inherent nature of the disease.

The Board found that the appellant's asthma, chest pains, and breathing problems preexisted service and did not undergo any permanent increase in severity during service. Therefore, they were not incurred or aggravated by service.

The veteran's claims for increased ratings and service connection were denied. The effective date of the rating decision was not addressed.

The Board denied an earlier effective date for a total disability rating based on individual unemployability due to service-connected disabilities, finding that the veteran's condition did not increase in severity within the year prior to January 31, 1996.

The Board has determined that the appellant's Substantive Appeal was timely filed, and a 60 percent disability rating for bronchial asthma is granted effective February 21, 1996.

The VA is remanding the case to gather additional medical records and review the claim for service connection of a respiratory disorder, including emphysema, asthma, and COPD.

The Board has denied the veteran's claim for service connection for the cause of his death due to bronchial asthma, finding that the evidence did not meet the well-grounded standard. The RO is instructed to consider additional medical records and provide appropriate notification.

The Board has granted a 30 percent evaluation for asthma, effective from September 17, 2001.

The Board denied the veteran's claim of reopening his service connection for asthma due to lack of new and material evidence, resulting in a denial.

The Board has remanded the case for additional development due to changes in the law, including the Veterans Claims Assistance Act of 2000.

The Board denied service connection for the cause of the veteran's death due to a lack of legal merit, as the veteran did not have qualifying service.

The Board has granted service connection for a low back disability, but only partially grants it. The lung disability claim is still pending and will be addressed in the future.

The VA has determined that the appellant's service-connected conditions, including degenerative disc disease at L5-S1, bronchial asthma, and allergic rhinitis, do not warrant a compensable evaluation.

The Board finds that the veteran's asthma was aggravated by service and grants service connection for it. However, there is no current evidence of a left hip disability, so service connection for this condition is denied.

The Board has denied the veteran's claims for service connection for a lung disorder (including asthma) as a result of asbestos exposure and for residuals of rheumatic fever, finding that there is no evidence to support these claims.

The veteran's request for Service Disabled Veterans Insurance (RH) is inextricably intertwined with his claims for service connection for various disabilities. The appeal of eligibility for RH is held in abeyance pending resolution of the service connection claims.

The VA has granted a 30 percent rating for bronchial asthma, which is the highest available under the current criteria.

The Board determined that the veteran's bronchial asthma did not meet or approximate the criteria for a rating greater than 30 percent, as his disability was considered to be moderate in nature and did not rise to the level of severe impairment required for a higher evaluation.