Asthma decisions — 2005

The Board found that the veteran's claimed disabilities, including residuals of a shrapnel wound of the left upper back and bilateral hearing loss, were not incurred or aggravated during active military service.

The Board has determined that the veteran's service-connected disabilities, including glaucoma, arthritis of the left shoulder, hypertension, asthma, and lipomas of the thighs, render him unable to secure or follow a substantially gainful occupation. The appeal is granted.

The Board has determined that the veteran's conditions, including as due to an undiagnosed illness, are service-connected for wrists, ankles, elbows, hips, and neck disabilities. The right knee disability is also service-connected. However, the veteran does not have chronic fatigue syndrome or asthmatic bronchitis.

The Board has determined that asthma, which was first demonstrated in service, is a condition that existed prior to entry into military service and thus falls under the presumption of soundness at service entry. As such, the veteran's claim for service connection for asthma is granted.

The Board denied service connection for various conditions, including pseudofolliculitis barbae, defective vision, sleep apnea, pes planus, high pulse rate, asthma with bronchitis, allergic rhinitis, myofascial pain syndrome of the right shoulder, myofascial pain syndrome of the left shoulder, right knee disability, and left knee disability. The Board found that new evidence was needed to support these claims.

The Board denied the veteran's claims for service connection for various conditions, including chloracne, major depression, ulcerative colitis, benign prostatic hypertrophy, asthma, and arthritis. The decision found that new evidence did not reopen the claim for chloracne, and that none of the other conditions were incurred in or aggravated by active military service.

The Board has denied the veteran's claims for service connection for PTSD, a bilateral knee disability, a heart disability, allergies, peripheral neuropathy of the right and left hands, and asthma due to lack of evidence of current disabilities.

The Board denied the veteran's claims for service connection for sinusitis, an increased rating for asthma, and TDIU prior to August 9, 2000. The effective date of the 100% disability rating for paranoid schizophrenia was set at August 9, 2000.

The Board found no competent medical evidence linking any claimed conditions to service, resulting in denial of all service connection claims.

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

The Board denied service connection for the claimed conditions, including pulmonary tuberculosis, asthma, hearing loss, and beriberi, for purposes of accrued benefits.

The Board denied service connection for bilateral numbness of the upper extremities, memory loss, and respiratory condition. The lower extremity numbness issue is unclear due to lack of evidence. Service connection was not granted for any of the conditions.

The veteran's appeal is being remanded for a hearing before a Member of the Board.

The VA determined that the veteran does not have a respiratory disorder, including asthma or COPD, due to asbestos exposure. The major depressive disorder is not related to military service.

The Board has remanded the veteran's claims of entitlement to service connection for asthma/pulmonary disability and sinus disability due to procedural issues, including a lack of VA examination records. The veteran must be afforded a VA examination to determine if his current respiratory disabilities are related to his period of active duty.

The VA determined that the veteran's asthma does not warrant a rating higher than 60 percent, as his FEV-1 and FEV-1/FVC do not meet the criteria for a higher rating.

The Board has remanded the case for additional development, including verifying the veteran's periods of active duty and inactive duty training, and obtaining an addendum from the VA examiner who conducted the August 2004 examination.

The Board found that the cause of the veteran's death, asthma, was not service-connected and denied the claim for service connection for the cause of death.

The veteran's claim for an increased evaluation of his service-connected bronchial asthma was granted, with a 60 percent disability rating effective from July 15, 2002.

The veteran's claim for an effective date prior to May 11, 1983, for a 100 percent rating for his service-connected chronic obstructive pulmonary disease with bronchial asthma and heart disability was denied as the earliest ascertainable increase in disability occurred on May 11, 1983.