Asthma decisions — 2008

The Board denied the veteran's claims for service connection for an upper respiratory disorder and a rating in excess of 10 percent for hypertension. The Board found no evidence linking these conditions to military service.

The Board has remanded the veteran's claims for PTSD and asthma due to insufficient evidence regarding service connection, including a lack of verified combat stressors and the need for additional VA examinations.

The Board found that the appellant did not knowingly submit false or fraudulent evidence, and thus forfeiture of her VA benefits was not proper.

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

The veteran's claim for service connection for PTSD was denied due to lack of corroborated stressor. The claims for coronary artery disease and hypertension were granted, but the veteran is still seeking a higher rating. His TDIU claim remains pending as his psychiatric disabilities may impact his employability.

The Board found that the veteran's asthma, allergies, rhinitis, and colon cancer were not present during service or until many years after service, and did not develop as a result of any incident during service, including exposure to herbicides. Therefore, these conditions are not presumed to have resulted from herbicide exposure.

The veteran's asthma is currently rated at 30 percent, which does not meet the criteria for a higher evaluation. His maxillary sinusitis is also rated at 30 percent.,For TDIU, the combined disability rating of 50% from bronchial asthma and maxillary sinusitis postoperative meets the requirement.

The VA determined that the veteran's asthma and pneumonia residuals do not warrant an evaluation in excess of 30 percent.

The Board denied the veteran's claims for service connection for arteriosclerotic heart disease, asthma, pulmonary disorder (claimed as non-malignant pathology of the lungs), and Parkinson's disease, all claimed as due to exposure to ionizing radiation. The Board found that none of these conditions are recognized by VA as being associated with exposure to ionizing radiation.

The veteran's bronchial asthma with a history of asbestosis is currently rated at 30 percent disabling and does not meet the criteria for a higher rating. The VA examiner determined that his service-connected respiratory disability does not render him unemployable.

The Board has ordered the RO to obtain SSA records and VA treatment records from the Lowell VAMC. The claims for service connection will be readjudicated based on whether new and material evidence has been received.

The Board has determined that the submitted evidence is not new and material, thus denying the reopening of the claim for service connection for a respiratory disorder.

The VA denied a higher initial rating for the veteran's asthma, finding that her condition did not meet the criteria for a 60 percent disability rating based on pulmonary function test results or at least monthly visits to a physician for required care of exacerbations.

The veteran's appeal is being remanded to schedule a videoconference hearing before a Veterans Law Judge at the St. Petersburg, Florida RO.

The veteran's appeal for TDIU is being remanded due to the need for additional evidence and referral to the Director of Compensation and Pension Service.

The Board has determined that the veteran's bronchial asthma warrants a 60 percent evaluation, which is higher than his current rating of 30 percent.

The Board has dismissed the appeal due to the appellant's withdrawal of the appeal prior to a decision.

The Board found that the veteran's currently diagnosed respiratory disability, including asthma and COPD, is not attributable to service. The preexisting condition of asthma was presumed to have existed prior to service.

The veteran's claims for service connection were denied. The appeals are not about service connection at all, but rather specific disabilities and their evaluations.

The veteran's appeal is being remanded due to the submission of new medical evidence after the expiration of the initial 90-day period for additional evidence. The case will be returned to the agency of original jurisdiction (RO) for further consideration and preparation of a supplemental statement of the case (SSOC).