Asthma decisions — 2008

The Board found no clear and unmistakable error in the December 1988 rating decision that denied service connection for the cause of the veteran's death, as the evidence at that time did not support a link between his bronchial asthma and his cause of death.

The Board denied the veteran's claims for service connection for asthma, allergic rhinitis, bipolar disorder, duodenal ulcer, and hypertension. The decision also addressed a TDIU claim but REMANDED it to the RO.

The Board has denied the veteran's claims for service connection for bilateral leg pain and bronchial asthma. The claim for an initial compensable rating for bilateral hearing loss is also denied.

The VA denied the appellant's claim for an increased evaluation of his service-connected bronchial asthma disability, finding that there was no evidence demonstrating a worsening or increase in severity of the disability.

The VA has determined that the veteran's bronchial asthma does not meet or approximate the criteria for a higher rating than 30 percent, as his pulmonary function tests have consistently been above the threshold required for a higher rating under Diagnostic Code 6602.

The Board has determined that the veteran's bronchial asthma warrants a 10 percent disability rating, effective from the date of grant of service connection.

The Board has determined that the veteran's bronchial asthma, basal cell carcinoma of the left nasal ala, and left cheek infection are not service-connected as secondary to his service-connected post-operative deviated nasal septum. The evidence does not support a finding that these conditions were incurred in or aggravated by service.

The veteran's asthma was rated at 30 percent prior to November 7, 2007 and 60 percent after that date. The Board found no evidence supporting higher ratings under the applicable criteria.

The veteran has service-connected disabilities rated at 50 percent combined. He does not have an employment handicap and therefore, the requirements for establishing basic entitlement to VA vocational rehabilitation benefits under Chapter 31 are not met.

The veteran's respiratory disability, which includes bronchial asthma leading to chronic obstructive pulmonary disease and bullous disease with hyperinflation of the lungs and fattening of the diaphragm, results in marked interference with employment. The Board has found that this warrants a 60 percent disability rating on an extraschedular basis.

The Board has remanded the case for additional development due to unavailability of active duty service records and a name change.

The Board has determined that the veteran does not have a current disability of the central nervous system, asthma, or low back disorder that can be linked to service. The claims for these conditions are therefore denied.

The Board has determined that the case requires additional development due to the need for clarification of the veteran's periods of active duty and inactive duty training, as well as further examination regarding the etiology of his claimed conditions.

The veteran is seeking service connection for bronchial asthma, which she claims was caused by exposure to paint fumes during Active Duty for Training. The Board has ordered a VA examination to determine the etiology of her respiratory condition.

The veteran's asthma was initially rated at 30 percent prior to April 24, 2003 and later granted a 60 percent rating effective from that date. The current effective date is April 24, 2003.

The Board has granted service connection for PTSD. The remaining claims of entitlement to service connection for bronchial asthma, low back disability (Gulf War Illness, painful joints), tinnitus, and hearing loss in the right ear are addressed in the REMAND portion.

The Board has granted service connection for chronic PTSD and found that the veteran's current bronchial asthma is rated at 10 percent. The veteran was not granted an initial evaluation in excess of 10 percent for his bronchial asthma.

The Board has granted service connection for asthma, lumbosacral strain, and GERD. The effective dates for these grants are being deferred due to the inextricability of the issues.

The Board denied the veteran's claims for increased ratings and service connection, finding no evidence of compensable right knee disability or service connection for low back condition, asthma, migraine, or razor bumps.

The Board denied the appellant's claim for service connection for the cause of her husband's death, finding that there was no evidence linking his terminal conditions to his military service or exposure to herbicide agents.