Asthma decisions — 2004

The VA is remanding the case to gather more evidence and conduct a medical examination to determine if bronchial asthma is related to service.

The Board denied the veteran's claims for earlier effective dates for her increased ratings, finding that the June 2000 Statement in Support of Claim did not constitute a valid notice of disagreement with the October 1999 rating decision. The RO assigned May 17, 2000 as the effective date for the awards of increased ratings for asthma and endometriosis, and June 28, 2000 as the effective date for the award of an 80 percent evaluation for her service-connected disabilities.

The veteran's claim for arthritis of the hands was denied as he does not have this condition.,Service connection was granted for post-operative residuals of a medial meniscal tear of the left knee with arthritis, and assigned a 10% evaluation effective October 1, 1994. The dorsal and lumbar spine disorder was recharacterized as arthritis of the lumbosacral spine with arthritis of the dorsal spine by x-ray evidence only, and assigned a 10% evaluation effective October 16, 1997.,Service connection for bronchial asthma was granted, and assigned a 30% rating effective October 1, 1994.

The Board denied the veteran's claim for a schedular evaluation in excess of 30 percent for asthma since July 1, 1998. The RO was unable to provide sufficient evidence showing frequent periods of hospital care or marked interference with employment due to asthma.

The Board denied service connection for the cause of the veteran's death and entitlement to DIC under 38 U.S.C.A. § 1318 due to lack of evidence linking the causes of death to service.

The Board denied the appellant's claim of service connection for asthma, finding no new and material evidence to reopen the previously denied claim.

The Board found that there is clear and unmistakable evidence showing the veteran had bronchial asthma prior to his entry into service. The VA examiner's opinion concluded that the veteran's pre-existing asthma did not worsen during military service, thus denying service connection.

The Board has remanded the case for additional development due to issues related to service connection and rating of bronchial asthma.

The Board has determined that the appellant's bronchial asthma existed prior to service and was aggravated during service, thus granting service connection.

The Board granted a 60 percent rating for the service-connected chronic bronchitis, bronchial asthma effective December 12, 2000 and granted TDIU effective that same date. The veteran is seeking an earlier effective date.

The veteran's claim for service connection for PTSD has been granted. The claims for bronchial asthma and the intestinal and stomach disorder have not yet been resolved, as they are marked as 'unknown'. The initial rating for his right wrist fracture is zero percent.

The veteran's appeal was denied as his claim for a 60 percent rating for bronchial asthma prior to October 16, 2000 was not granted.

The Board has denied reopening of the veteran's claims for service connection for various conditions due to lack of new and material evidence.

The Board found no evidence of current residuals of pneumonia and concluded that the veteran's pre-existing lung disability, including asthma, did not worsen during service. The claim was denied.

The Board denied service connection for the cause of the veteran's death, concluding that there was no evidence linking his myocardial infarction and status asthmaticus to his military service.

The Board denied service connection for PTSD and bilateral hearing loss, but remanded the issue of respiratory disorder. The veteran's claims were not supported by credible evidence of in-service stressors or acoustic trauma.

The Board has determined that the appellant's bronchial asthma warrants a schedular rating of 100 percent, effective from when his disability was last rated at 60 percent. The left foot disability is referred to the RO for further development as it requires additional evidence.

The Board found that the veteran's asthma existed prior to her service and did not undergo an increase in severity during service. Therefore, it denied the claim of service connection for asthma.

The Board found that the veteran's acid reflux, irritable bowel syndrome, and asthma are not proximately due to or the result of his service-connected PTSD.

The Board has granted service connection for PTSD with a total disability evaluation from April 24, 1995. The veteran's claim of service connection for stiff joints was reopened and granted based on new evidence. Other claims were denied or not addressed.