Asthma decisions — 2006

The Board has denied the veteran's claims for service connection for bilateral hearing loss and asthma. The decision found that asthma did not preexist service or develop during service, while the hearing loss claim was denied due to lack of evidence linking it to service.

The Board has determined that the veteran's asthma is not related to his active service and therefore denied his claim for service connection.

The Board found no evidence of mustard gas exposure during service and concluded that the veteran's current respiratory disability is not due to any event or incident of his period of active service.

The Board has determined that there was clear and unmistakable error in the March 29, 2002, and September 26, 2002, rating decisions addressing the veteran's claims for service connection and a total rating based on individual unemployability. The veteran forfeited all rights to VA compensation benefits due to his forfeiture of rights as a consequence of treasonable acts during World War II.

The Board has granted service connection for hypertension, hemorrhoids, asthma, and bilateral hearing loss. The veteran's current conditions are considered to be directly related to his military service.

The Board has remanded the veteran's claim for service connection for an upper respiratory disorder, to include asthma, due to insufficient evidence and a need for further medical examination.

The Board has determined that the veteran does not have a current disability for which service connection can be granted, as evidenced by his hearing loss and skin rash being attributed to pre-existing conditions. The respiratory disorder is also attributed to a diagnosed condition (asthma), and headaches are linked to hypertension. Service connection was denied.

The Board denied the veteran's claims of service connection for a skin condition, gastrointestinal disorder, residuals of right colectomy (secondary to exposure to ionizing radiation), and asthma. The hearing loss claim was also denied.

The veteran died from a self-inflicted gunshot wound. His service-connected conditions did not cause his death, and there is no evidence that PTSD caused the suicide.

The veteran's claim for special monthly pension based on the need for regular aid and attendance of another person or being housebound was denied as he is not legally blind, bedridden, or unable to perform daily activities without assistance.

The Board denied the veteran's claim for a TDIU prior to June 17, 2005 due to lack of evidence showing unemployability solely on account of his service-connected bronchial asthma.

The Board found that the cause of the veteran's death was not incurred in active service and may not be presumed to have been incurred therein. The medical evidence did not support a connection between any current conditions and service.

The Board of Veterans' Appeals has decided to remand the case for further development, including obtaining additional medical records and personnel records. The veteran's asthma is being considered under a direct service connection theory.

The Board found that the veteran's pre-existing asthma was not aggravated by service, and thus denied his claim for service connection.

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling a VA examination to determine the etiology of any respiratory or eye disorders.

The Board has determined that the veteran's asthma is due to his active duty service, specifically his service in the Southwest Asia Theater of Operations during Operation Desert Shield/Desert Storm.

The Board denied the veteran's claim for service connection for asthma, finding that there was no competent evidence showing a link between his current asthma condition and his military service.

The veteran's exercise-induced asthma is currently evaluated at a 10 percent rating. The evidence does not meet the criteria for a higher evaluation.

The Board found no evidence linking the veteran's respiratory conditions (asthma and bronchitis) or shaking of his right hand to service. The claims for these conditions were therefore denied.

The Board denied the veteran's claims for service connection for psychiatric disorder, asthma, hepatitis, and residuals of a right knee disorder due to lack of evidence showing in-service incurrence or aggravation of these conditions.