Asthma decisions — 2004

The veteran's application for vocational rehabilitation training was denied because his disabilities did not meet the criteria for an employment handicap, and he had overcome the effects of impairment to employment.

The veteran's claim for increased compensation benefits while incarcerated was denied because the law does not allow payment of compensation in excess of a 10% evaluation, even when his disability is rated at 30%. The veteran is entitled to one-half of the rate provided for by a 10% evaluation.

The veteran's claims of increased evaluations and earlier effective dates for his service-connected conditions are being remanded due to the need for additional development under the Veterans Claims Assistance Act of 2000 (VCAA).

The Board has reopened the veteran's claim of service connection for asthma and is now addressing whether he should be granted service connection for a respiratory disability other than asthma. The veteran's new medical records suggest that his current COPD may be related to his military service, which could potentially support his claims.

The veteran's claims for service connection for a respiratory disorder, including chronic obstructive pulmonary disease and asthma, as well as increased ratings for tension headaches with associated migraine features and allergic rhinitis are being remanded due to the need for additional development.

The veteran's claims for service connection for emphysema, asthma, and COPD are being remanded due to the need for additional development of his medical records and a VA examination.

The Board denied service connection for pulmonary tuberculosis, arthritis, ulcers, and asthma as there was no competent evidence of a nexus between the current disabilities and service.

The Board denied the veteran's claims for service connection for nicotine dependence and bronchial asthma, finding that there was no evidence of a direct relationship to his military service.

The appellant is seeking service connection for asthma and coronary artery disease as secondary to his service-connected left pleurisy, and a higher rating for left pleurisy. The Board finds that the VA has not satisfied its duty under the VCAA to notify and assist the appellant with regards to these claims.

The veteran's claims for increased ratings for bronchial asthma and histoplasmosis, benign type are being remanded due to the need for additional VA medical records.

The Board has determined that the veteran's asthma warrants a 60 percent rating, effective from when his claim for an increased rating was filed.