Asthma decisions — 2004

The VA has denied an increased evaluation for bronchial asthma, currently rated at 30 percent.

The Board found that the veteran's disabilities do not meet the criteria for special monthly pension benefits based on the need for regular aid and attendance of another person or at the housebound rate.

The veteran's claim for service connection for asthma is being remanded due to the need for additional medical records and a VA examination.

The Board has decided to remand the case for further development and evaluation of the veteran's asthma claim due to in-service treatment for bronchitis.

The VA determined that the veteran's obstructive lung disease does not warrant a rating higher than 60 percent, and her skin condition is currently rated at 10 percent. Both conditions are currently evaluated based on their service-connected status without any presumption or secondary considerations.

The Board found that chronic respiratory disease, including tuberculosis, chronic obstructive pulmonary disease, asthma, and emphysema, was not incurred or aggravated in wartime service. Active tuberculosis may not be presumed to have been incurred in service.

The Board found that the veteran's current pulmonary disorder (bronchial asthma) was not incurred or aggravated during his military service. The VA medical examination did not link the veteran's current skin disorder to his military service, as it began after he left active duty.

The Board denied the appellant's claim for special monthly death pension benefits based on the need for regular aid and attendance, finding that she does not meet the criteria due to her ability to perform daily activities without assistance.

The Board found that the veteran's bronchial asthma and rheumatoid arthritis were not incurred or aggravated by service. The evidence did not support a finding of direct service connection for these conditions.

The Board has reopened the veteran's claims for service connection for COPD and chronic bronchial asthma, finding new and material evidence. The case is remanded for further development.

The Board denied the veteran's claims of service connection for asthma, left ankle injury residuals, and a left foot disorder. The decision found that while some conditions existed prior to service, there was no evidence they were aggravated by military service or related to any in-service injury.

The Board has denied the veteran's claims for service connection for diabetes, asthma, and heart disease. The decision found that there was no evidence linking any of these conditions to his military service.

The Board has determined that there is no evidence of a chronic eye disability or signs/symptoms of an undiagnosed illness of the eyes present in service, and thus, service connection for these conditions cannot be granted.

The veteran's claims for increased evaluations for bronchial asthma and sinusitis were denied as his conditions did not meet the criteria for higher ratings under the applicable rating criteria.

The veteran's claims for increased ratings for bronchial asthma and hypertension, as well as earlier effective dates for the assignment of a 60 percent rating for bronchial asthma and a total disability rating based on individual unemployability due to service-connected disabilities, were denied.

The Board has remanded the case to the RO for further development due to a violation of due process under the Veterans Claims Assistance Act of 2000 (VCAA). The veteran's claim for service connection for asthma, claimed as a residual of exposure to mustard gas, is being reviewed again.

The Board found that the veteran's preexisting asthma was aggravated during service, and granted service connection for this condition.

The Board has remanded the case for further development, including verification of service periods and obtaining medical records from the veteran's National Guard unit.

The Board has determined that the veteran's respiratory disorder, including emphysema, asthma, and COPD, had its onset during his period of active service. The claim for service connection is granted.

The Board has determined that the veteran's claims for service connection for asthma and emphysema as secondary to asthma are not supported by the evidence of record, and thus have been denied.