Asthma decisions — 2005

The Board has reopened the veteran's claim for service connection for asthma due to new and material evidence received since the February 1979 denial. The claim will now be evaluated on its merits.

The Board has reopened the veteran's claims for service connection for chronic obstructive pulmonary disease, bronchitis, a skin disorder, emphysema, and asthma, all claimed as secondary to mustard gas exposure. However, these claims are being remanded due to the need to obtain private medical records from Dr. B and ensure compliance with guidance on handling mustard gas and Lewisite exposures.

The Board finds that the veteran's chronic bronchitis, asthma, and COPD are service-connected as they developed during his military service due to environmental exposures and in-service treatment.

The Board determined that the veteran's asthma was incurred in service due to exposure to paint fumes, and granted his claim.

The veteran's claims for service connection for various conditions, including headaches and residuals of a subarachnoid hemorrhage, were denied as there is no competent medical evidence linking these conditions to active service.

The Board has reopened the veteran's previously denied claim of service connection for asthma and granted service connection for a low back disability.

The Board has restored the veteran's 100% evaluation for asthma and granted an increased rating to 30%. The reduction from 100% was proper, as there is no clinical evidence of sinusitis and multiple pulmonary function tests show improvement in FEV-1/FVC.

The veteran's service-connected coronary artery disease and right bundle branch block are rated at 30 percent, while his service-connected chronic bronchial asthma is rated at 60 percent. The decision grants increased ratings for both conditions.

The Board denied service connection for the claimed conditions, finding that none of them were incurred in or aggravated by active military service.

The Board has determined that the veteran's claims for earlier effective dates prior to July 26, 1995, for service connection of bronchial asthma and sinusitis with headaches are denied as there is no indication in the file that an application to reopen these claims was filed prior to this date.

The Board has remanded the case for further development, including a VA examination to determine if the veteran's bronchial asthma is related to service and whether hay fever was incurred in or aggravated by service.

The Board found that the veteran's asthma was not related to his military service and denied the claim.

The Board has determined that the veteran's asthma is not caused or aggravated by his service-connected gunshot wound residuals, and thus denied both his claim for service connection and his request for an increased rating.

The RO found that the veteran's asthma causes mild obstructive pulmonary impairment that is well controlled by occasional use of bronchodilators and does not necessitate daily inhalational or oral bronchodilator therapy. The 10 percent evaluation assigned for asthma under DC 6602 is therefore appropriate.

The veteran's claim for an initial rating in excess of 30 percent for asthma and residuals of pneumonia is being remanded due to the need for post-drug or inhalation therapy pulmonary function test results.

The Board found that the veteran's claimed conditions, including pneumonia (pleurisy), asthma, osteoarthritis of multiple joints, and heart disorder (hypertensive vascular disease) are presumed to have originated during his service due to exposure to tuberculosis. The veteran did not provide sufficient evidence to establish direct service connection for these conditions.

The veteran's asthma and degenerative joint disease of the lumbar spine are currently rated at their maximum allowable under VA rating criteria, with no further increase in evaluation possible.

The veteran's asthma was granted a 30 percent rating from May 12, 1997 to September 13, 2004. His right little finger disability was not found to warrant a compensable rating.

The Board has determined that the veteran's asthma is attributable to service, and his residuals of cold injuries of both feet (claimed as frostbite) are not shown. The claim for residuals of a right eye injury was denied.

The Board denied the claim of service connection for cause of death due to lack of new and material evidence, resulting in a final denial.