Asthma decisions — 2004

The Board denied reopening the veteran's claims for service connection for a low back disorder and asthma, finding that no new and material evidence had been submitted.

The veteran's claim for an increased rating for bronchial asthma is being remanded due to the need for additional development, including obtaining medical records and conducting a VA examination.

The Board denied the appellant's request to reopen her claim for service connection cause of death, finding that no new and material evidence had been presented.

The Board denied the veteran's claims for service connection for diabetes mellitus, hypertension, sleep apnea, and lung disability including asthma and allergy, all presumed to be related to Agent Orange exposure. The right great toe injury claim was also denied.

The Board found that the veteran's asthma did not manifest during service and is not related to any disease or injury incurred in service. As a result, the claim for service connection for asthma was denied.

The Board denied evaluations in excess of the assigned schedular ratings for allergic rhinitis and sinusitis, as well as asthma. The evidence did not support an extraschedular evaluation.

The Board has remanded the case due to insufficient etiological opinion regarding the veteran's asthma. The veteran should undergo another VA examination to determine if their current breathing disorder is related to military service.

The Board has remanded the case due to incomplete medical records and a need for further examination.

The Board denied the veteran's claims for service connection for asthma and a heart condition, finding that new and material evidence was not submitted to reopen the asthma claim and that there is no evidence of a current heart condition related to service.

The Board denied the veteran's application to reopen his claims of service connection for asthma and a bilateral foot condition, finding that no new and material evidence had been submitted.

The Board has granted service connection for asthma, finding that the veteran's condition began during his active duty. Service connection for bilateral hearing loss is pending as additional VA treatment records are needed.

The Board granted a 30 percent initial disability rating for service-connected major depressive disorder and found that the veteran's leg cramps, ingrown toenails, stomach disorder, ulcers, low back disorder, hepatitis A, delayed stress syndrome, headaches, and residuals of a head injury are not currently diagnosed or supported by evidence. The effective date is not specified.

The Board has remanded the case due to insufficient evidence linking the veteran's current respiratory disabilities, including chronic obstructive pulmonary disease and bronchial asthma, to his military service. The claim will be further developed with a VA examination.

The Board has determined that the veteran's current cervical spine condition, including headaches and numbness of the right arm, is service-connected. The remaining claims for asthma, TMJ syndrome, a right shoulder disability, bilateral knee disabilities, and left ankle or foot disabilities are remanded for further development.

The Board found that the veteran's asthma did not pre-exist service and was not incurred or aggravated by service. The residuals of a head injury were also denied as there is no evidence linking them to service.

The Board has reopened the veteran's claims for service connection for PTSD, schizophrenia, and asthma due to new evidence presented since the final denial in November 1999. The RO is directed to schedule a VA psychiatric examination to determine if the veteran has PTSD as a result of sexual trauma during service.

The Board has decided to remand the case for additional development due to incomplete representation information and need for further medical evaluation.

The veteran's claim of service connection for a pulmonary disorder due to tobacco use is denied as the law precludes such claims filed after June 9, 1998. The Board also denies service connection for other pulmonary disorders and a constricted larynx based on lack of evidence supporting these claims.

The Board has remanded the case due to missing service medical records and a need for a VA pulmonology examination.