Asthma decisions — 2002

The veteran's asthma was productive of frequent, moderate asthmatic attacks with moderate dyspnea on exertion and inhaler use since December 1, 1960. The RO granted an increased disability evaluation for asthma from April 29, 1999.

The Board has denied the veteran's claims for service connection for asthma and nicotine dependence, as well as his request to reopen a claim of entitlement to service connection for residuals of a right knee injury. The evaluation for scar on the left hand remains unchanged.

The Board found that the veteran's asthma pre-existed military service and underwent an increase in severity during service, but concluded that this increase was due to the natural progression of the disease. Therefore, the claim for service connection on an aggravation theory is denied.

The veteran's death was not caused by any service-connected disability, and the claims for accrued benefits were denied due to lack of new and material evidence.

The Board found that the veteran's preexisting asthma did not increase in severity during service and denied his claim for service connection.

The Board has determined that the veteran's unauthorized medical expenses incurred at Shands Hospital for an asthma attack on January 1, 2000 are eligible for payment or reimbursement due to the emergent nature of his condition and the unavailability of VA facilities.

The veteran's asthma was evaluated at 30 percent disabling. The Board found that the evidence did not meet the criteria for a higher evaluation and denied his request for an increased rating. Additionally, he was determined to be unemployable due to his service-connected disability but continued to work full-time, which precluded him from receiving a TDIU.

The veteran's asthma and right foot plantar fasciitis are both found to be incurred in service, with the Board granting service connection for these conditions.

The Board denied the veteran's claim for an increased rating for his service-connected asthma, finding that it did not meet the criteria for a higher rating based on pulmonary function test results and lack of documented need for monthly visits to a physician or systemic corticosteroids.

The Board found that the veteran did not have service-connected disabilities at the time of his death, and thus could not establish service connection for purposes of accrued benefits for heart disease, arthritis, asthma, numbness of the legs and arms, or PTB. The cause of death was listed as cardiopulmonary arrest, but there is no evidence linking this to service.

The veteran's asthma was rated at 30 percent prior to October 7, 1996. From October 7, 1996, the rating is increased to 60 percent.

The Board denied the veteran's request for an earlier effective date for a higher evaluation for bronchial asthma, finding that there was no clear and unmistakable error in the June 1993 rating decision.

The veteran's appeal was dismissed due to his death prior to the Board's decision.

The Board found that the veteran's claimed disabilities did not result from or increase in severity due to his pursuit of VA vocational rehabilitation training, and thus denied compensation under 38 U.S.C.A. § 1151.

The Board denied the veteran's claims for service connection for asthma and an initial rating in excess of 20 percent for chronic prostatitis. The evidence did not support a diagnosis of asthma, and the preponderance of the evidence was against an initial rating in excess of 20 percent for chronic prostatitis.

The Board found that the veteran's preexisting asthma worsened during service due to exposure to smoke from burning oil wells, warranting service connection.

The Board found that the veteran's cardiovascular disorder, sinusitis with rhinitis, and reduced lung capacity (asthma) were not incurred or aggravated by active duty service. The veteran was diagnosed with these conditions after separation from service.

The Board denied earlier effective dates for the ratings of bronchial asthma and pes planus, as well as service connection for right tibia and fibula fracture residuals, hypertension, and hearing loss. The effective date for these benefits was set at August 26, 2002.

The Board denied the veteran's claims for increased ratings for his service-connected asthma, finding that a rating in excess of 10 percent was not warranted prior to October 7, 1996 and that a rating in excess of 30 percent was not warranted from October 7, 1996.

The Board has restored the veteran's 60 percent disability evaluation for his chronic bronchial asthma, effective from when it was last reduced to 10 percent in December 1997.