Asthma decisions — 2003

The veteran's claims for an initial rating greater than 10 percent for bronchial asthma and a specific rating for branch retinal vein occlusion of the right eye have been denied. The RO has determined that her current pulmonary function tests do not meet the criteria for a higher evaluation.

The Board has determined that the veteran's restrictive airway disease (asthma) and chronic rhinitis/sinusitis are service-connected, with no indication of any presumptive exposure or undiagnosed illness.

The Board has granted service connection for asthma.

The Board found that the January 28, 1976 RO letter denying service connection for bronchial asthma does not contain CUE. The claim was granted with an effective date of May 17, 1988.

The Board found that the veteran did not have a chronic respiratory disorder during service and there was no evidence of asbestos or Agent Orange exposure. The current respiratory disorders are not etiologically related to any injury or disease in service.

The Board denied service connection for various conditions, including eye disorder, chest pain, headaches, sleep disorder, sore legs, joint pain (bilateral knee), and right ankle sprain with traumatic arthritis. The veteran's low back disability was rated at 10 percent, and his hearing loss and exercise-induced asthma were also rated at 0 percent.

The Board has decided to remand the case for additional development of evidence, including obtaining medical records and arranging for an examination by a board of two physicians.

The Board denied the claim for service connection for bronchial asthma, finding that there is no evidence linking the current disorder to military service.

The VA denied the veteran's claim for service connection for bronchitis, asthma, and COPD due to a lack of evidence showing these conditions were incurred in or aggravated by his military service. The VA also noted that smoking-related respiratory disorders are not service-connected under current law.

The Board has determined that the veteran's service-connected bronchial asthma warrants a 30 percent disability rating, effective February 2, 1997.

The Board has determined that the veteran's current asthma and low back disorder are likely due to conditions incurred or aggravated during his military service.

The Board denied service connection for a chronic seizure disorder, an acquired psychiatric disorder to include PTSD, and a chronic respiratory disorder (bronchial asthma). The veteran's claim for TDIU remains on appeal.

The Board has granted a 30 percent evaluation for the veteran's service-connected asthma since July 1, 1998.

The Board has denied the veteran's claims for service connection for diabetes mellitus, asthma, and a gastrointestinal disorder due to lack of evidence showing current disabilities.

The Board dismissed the veteran's appeal because she did not file a timely substantive appeal within one year of receiving notification of the July 1994 rating decision.

The Board has determined that the veteran does not have asthma related to service and that his loss of tooth number 30 due to dental trauma is service-connected for VA outpatient dental treatment purposes.

The veteran's asthma was initially rated at 10 percent from December 1995 through November 8, 2000. From November 9, 2000 onwards, the VA has not granted a higher rating for his asthma.

The veteran's bronchial asthma is currently manifested by occasional mild dyspnea on exertion, frequent asthma attacks occurring less than once a week, and findings of some disability on pulmonary function testing requiring daily oral bronchodilator therapy. The criteria for a rating in excess of 30 percent for bronchial asthma have not been met.

The veteran's asthma was not severe enough to prevent him from obtaining and maintaining substantially gainful employment during the period November 25, 1971, to October 6, 1996. Therefore, his claim for TDIU is denied.

The Board found that the veteran's asthma is likely due to his service and granted his claim for service connection.