Asthma decisions — 2008

The VA has granted service connection for asthma and assigned a 60 percent disability rating, effective September 9, 2004. The veteran's asthma does not meet the criteria for a higher disability rating.

The Board denied service connection for allergies, breathing problems (to include asthma), and residuals of bilateral stress fractures of the heels due to a lack of evidence linking these conditions to service.

The veteran's asthma has been manifested by symptomatology requiring daily inhalational therapy; FEV-1 and FEV-1/FVC are greater than 55 percent, and the veteran has not required intermittent courses of systemic corticosteroids. The criteria for a rating in excess of 30 percent have not been met from February 11, 2004 through August 5, 2007.

The veteran died of congestive heart failure and bronchial asthma. The Board finds no service-connected disability at the time of his death, and thus denies service connection for the cause of death. The appellant's claim for accrued benefits is denied as it was received more than one year after the veteran's death. The appellant is not eligible for nonservice-connected VA death pension benefits due to her husband's service in recognized guerrilla forces or Philippine Army.

The Board has determined that the veteran does not have headaches associated with voices as a residual of head injury, nor does he have sleep apnea and asthmatic seizures that are related to active service.

The Board has remanded the case due to the need for additional development, including obtaining SSA records and providing proper VCAA notice.

The Board has determined that the veteran's asthma is as likely as not aggravated by his service-connected allergic rhinitis, and thus grants service connection for this condition on a secondary basis.

The veteran's COPD with history of asthma is currently rated at 30 percent, and the Board has granted a 60 percent rating based on improved post-bronchodilator FEV-1 values.

The veteran's claims for service connection for asthma, emphysema, and joint aches as secondary to herbicide exposure were denied. The claim for service connection for birth defects was also denied due to lack of spina bifida in the veteran's children. Separate evaluations for degenerative joint disease of the left knee and right tennis elbow were not granted.

The Board has remanded the case for further development, including a VA examination to determine if the veteran currently suffers from asthma and whether any found disability is related to service.

The Board has determined that the veteran's current asthma, which had its onset during active duty, is service-connected.

The veteran died from peritonitis due to mesenteric ischemia. The appellant argues that his asthma, which was not service-connected, contributed to his death. The Board finds the need for a VA opinion regarding the relationship between the veteran's asthma and his death.

The Board has determined that the veteran's claimed conditions of depression, hypertension, and asthma were not incurred or aggravated by active military service. The evidence does not support a finding of service connection for these conditions.

The Board denied an increased rating for service-connected asthma, currently evaluated at 30 percent.

The Board has determined that the veteran's asthma does not meet or approximate the criteria for a rating in excess of 30 percent, and thus denied his claim.

The Board has granted a 100 percent disability rating for PTSD, effective January 2, 2003. The veteran's PTSD is characterized by total occupational and social impairment.

The Board has determined that the veteran's respiratory disorder, including COPD and asthma, did not have onset during active service or is otherwise etiologically related to his active service. The claim for sinus condition with hay fever and allergies was previously denied and new evidence does not raise a reasonable possibility of substantiating this claim. The veteran's scar associated with jaw fracture is less than 13 cm long and does not meet the criteria for a compensable evaluation.

The Board has granted service connection for a respiratory disorder, including asthma, COPD, and emphysema. The decision is based on the veteran's reported exposure to fumes during his military service.

The Board has determined that the veteran's bronchial asthma was incurred in active service, but his claims of service connection for bilateral hearing loss and tinnitus are denied. His claim for an increased rating for hypertension is also denied.

The veteran's appeal is being remanded for further development, including obtaining SSA records and scheduling VA examinations to determine the etiology of his claimed conditions.