Asthma decisions — 2007

The Board has determined that the veteran's claimed conditions of pulmonary tuberculosis, hearing loss, kidney disease, poor vision, and asthma were not incurred or aggravated during service. The claims are denied.

The Board has reopened the claim of service connection for a lung disability, including pulmonary tuberculosis and bronchial asthma. However, dysentery, malnutrition to include optic atrophy, pellagra, peripheral neuropathy, and peptic ulcer disease are not currently shown or presumed to have been incurred in service.

The Board denied the veteran's claim for service connection for COPD, finding insufficient evidence to establish a relationship between his current condition and his period of active service.

The veteran's left elbow fracture dislocation and degenerative changes, as well as his L5-S1 disc annular tear with lower back pain, are each rated at the highest allowable level. The veteran's bronchial asthma is also rated at its maximum allowed level. However, he does not meet the criteria for a compensable rating for his right thumb laceration.

The Board denied service connection for asthma, finding that the evidence did not support a link between the veteran's current asthma and his military service. The Board also granted reduction of the disability rating for allergic rhinitis from 10 percent to noncompensable level.,The veteran appealed the denial of service connection for asthma, but the appeal was denied as there was no medical evidence linking the condition to service.

The Board has granted a 30 percent evaluation for bronchial asthma, which approximates the criteria set forth in the rating schedule. The veteran's generalized anxiety disorder is not rated higher as there are no symptoms warranting a 30 percent evaluation.

The veteran died of heart failure, and the Board found that he did not have a service-connected disability for at least 10 years prior to his death. Therefore, DIC benefits under 38 U.S.C.A. § 1318 were denied.

The Board found no evidence of a current left knee disability, asthma, or allergic rhinitis. The veteran's symptoms were attributed to service-connected conditions and other non-service-related factors.

The Board finds that the veteran's COPD is likely due to a chronic respiratory disorder he experienced during his service in Vietnam, and grants service connection for this condition.

The Board has denied the petitions to reopen claims for service connection for eczema, asthma, and schizophrenia. The RO's July 2002 denial of service connection for eczema is final. As new and material evidence was not received, the claim for service connection for eczema cannot be reopened. Similarly, the November 2002 denial of service connection for asthma is final. As new and material evidence was not received, the claim for service connection for asthma also cannot be reopened. The petition to reopen the claim for service connection for schizophrenia has been remanded due to insufficient information provided in the prior decision.

The veteran's asthma is currently rated at 30 percent, but the Board found that he does not meet the criteria for a higher rating based on his current disability level. The claim for service connection for right ear hearing loss was also denied.

The veteran's claim of service connection for a respiratory disorder, including asthma is being remanded due to outstanding medical records and the need for further examination.

The Board has determined that there is no competent evidence linking the veteran's respiratory disability, claimed as asthma, COPD and a vocal cord condition to service, including exposure to oil well fires in the Southwest Asia theater of operations. As such, the claim for service connection is denied.

The veteran's claims for service connection for various conditions were denied. The Board found no evidence of the presence or onset of these conditions during service, within a year after separation, or due to service-connected disabilities.

The Board denied the veteran's claims for service connection for COPD and asthma, peripheral neuropathy, and left ear hearing loss. The evidence did not support a finding that these conditions were related to service or exposure to herbicides.

The Board found that the veteran's current respiratory disorders, diagnosed as COPD and asthmatic bronchitis, were not incurred in or aggravated by active service. The preponderance of evidence does not support a finding that his current conditions are related to his military service.

The veteran's asthma, hearing loss, and tinnitus were not shown to be related to his service. The Board denied the claims of service connection for these conditions.

The veteran's claims for service connection for tinnitus, conversion reaction, vertigo, myalgia, bronchial asthma, sinusitis, and gastritis are all denied as there is no competent evidence of current disabilities or a link to service.

The Board denied the veteran's claim for service connection for asthma, finding that it was not related to his active duty service or herbicide exposure.

The veteran's service-connected disabilities do not prevent him from securing and maintaining substantially gainful employment.