Asthma decisions — 2005

The veteran's appeal is being remanded for additional development, including obtaining updated medical records and conducting examinations to assess the current severity of his service-connected disabilities.

The veteran's appeal is being remanded for further development at the regional office level. The issues include seeking an increased rating for bronchial asthma and a temporary total rating due to convalescence from treatment of a service-connected disability.

The veteran's claims for service connection were denied, but the RO granted a 100% evaluation for PTSD effective June 17, 2004. The claim for skin irritation was reopened.

The Board found that the veteran's current bronchial asthma is unrelated to his service or any incident therein, and thus denied his claim for service connection.

The Board has remanded the case due to the veteran's request for a hearing before a Veterans Law Judge.

The Board has denied the veteran's claims for service connection for asthma and headaches. The Board found no competent evidence to show that the veteran had current asthma or headache disorders incurred in or aggravated by service. Service connection was not granted for rheumatoid arthritis of the knees and toes due to lack of medical nexus between the condition and service.

The Board has determined that the veteran was diagnosed with asthma while in-service, and it is chronic. Therefore, service connection for asthma is granted.

The Board denied the veteran's claim for service connection for asthma, as a residual of exposure to mustard gas, finding that there was no full-body exposure during service and that the condition is not related to his military service.

The veteran's HNP with radiculopathy is rated at 40 percent, effective September 23, 2002. The VA has granted a higher rating for his asthma, but the maximum schedular rating of 60 percent was not assigned.

The Board denied the veteran's claim for an earlier effective date than November 9, 2001 for the grant of service connection for bronchial asthma. The decision states that since there was no application to reopen his claim between May 1973 and November 9, 2001, the earliest date that can be assigned is November 9, 2001.

The Board denied the veteran's requests to reopen his claims for service connection due to lack of new and material evidence.

The Board denied service connection for bronchial asthma in decisions dated in April 1963, June 1964, and March 1973. The veteran argues that these decisions were based on incorrect or insufficient evidence.

The Board denied service connection for the veteran's claimed conditions, finding that none of them were incurred in or aggravated by active service.,Service records did not show any evidence of shrapnel wounds, peptic ulcer disease, pulmonary tuberculosis, left shoulder fractures, myocardial infarction, bronchitis, or psychoneurosis with depressive reaction during the veteran's military service.

The VA has restored a 60 percent evaluation for bronchial asthma prior to October 28, 2002, based on improvement in the condition.

The Board has remanded the case for further development and consideration, including obtaining updated VA treatment records, scheduling an examination, adjudicating increased disability ratings claims, and readjudicating the TDIU claim.

The Board found no evidence linking the veteran's death to service, and denied the claim for service connection for the cause of his death.

The Board has vacated its previous decision and remanded the case for further development of evidence related to service connection for asthma with chronic obstructive pulmonary disease.

The Board has determined that the effective date for service connection of asthma is April 25, 1980, based on the veteran's separation from active duty.

The veteran's claims for increased PTSD, reopening a right wrist injury claim, and service connection for various conditions were denied. The denial of the PTSD claim is due to failure to meet the criteria for an initial evaluation in excess of 10 percent. The denial of the right wrist injury claim is due to lack of new and material evidence. Service connection was not granted for asthma, digestive disorder, broken finger (right or left), patellofemoral arthritis, headaches, bilateral hearing loss, prostatitis, skin disorders, or lung disorders.

The Board has determined that the veteran's coronary artery disease is not proximately due to or the result of his service-connected obstructive airway disease with bronchiectasis and bronchial asthma. However, it has been established that the veteran's service-connected obstructive airway disease with bronchiectasis and bronchial asthma aggravates his coronary artery disease such that there is a definite, permanent increase in the cardiac disability.