Asthma decisions — 2008

The Board denied the veteran's claims for increased evaluations for asthma, sinusitis, chondromalacia of the left knee, chronic low back pain, and acne with keloidal papules on scalp, earlobes and face. The conditions were evaluated as directly related to service.

The veteran's appeal is remanded due to the need for a videoconference hearing at the RO in St. Petersburg, Florida.

The Board denied the veteran's claims for service connection for hepatitis, hepatitis B and C, back injury residuals, gastroesophageal reflux disease (GERD), asthma, and bronchitis. The claim for tinnitus was granted with a 10 percent evaluation.

The Board denied the veteran's claims for increased evaluations for asthma and colon polyp, finding that the current non-compensable evaluations did not accurately reflect the severity of these disabilities.

The Board has determined that the submitted evidence is not new and material, thus the claim for service connection for bronchiectasis with bronchial asthma cannot be reopened.

The Board found that the veteran's asthma pre-existed her service and did not worsen during service, leading to a denial of her claim for service connection.

The Board denied the veteran's claims of service connection for chronic obstructive pulmonary disease with asthma and emphysema, hypertension, and hypotension. The disabilities were not shown to be related to service.

The Board found that the veteran's bilateral hearing loss and tinnitus are related to his military service, while his bronchial asthma, peripheral neuropathy of the upper and lower extremities, and degenerative disorders of the lumbar spine are not service-connected.

The Board has denied the veteran's claims for service connection for chronic asthma and a chronic acquired psychiatric disability, finding that these claims are decided on the merits without any presumption or new evidence.

The Board finds that the veteran's pulmonary disorder, claimed as COPD and asthma, may be related to his in-service exposure during Project SHAD. However, there is a reasonable doubt about this connection.,Regarding glaucoma with cataracts, post-extraction, with IOL placement, the evidence raises a reasonable doubt as to whether it was caused by steroid use for service-connected respiratory disabilities.

The veteran's claims for higher special monthly compensation and reopening service connection were denied due to the lack of evidence showing a need for increased aid and attendance beyond what is provided by his existing disabilities.

The veteran's asthma, headaches, and digestive condition are presumed to be due to his Gulf War service. The RO granted service connection for these conditions.

The Board found that the veteran's heart disorder and asthma were not incurred or aggravated by his active service, nor could they be presumed to have been so incurred. The claim for a compensable rating for asthma due to PTSD was also denied.

The veteran's appeal was dismissed as he did not file a timely Substantive Appeal for the claims of service connection for spondylitic protrusion and desiccation of the lumbar spine, bilateral hearing loss, arthritis, atherosclerotic heart disease, and asthma.

The Board has determined that the veteran's claims for service connection for sinusitis, asthma, gastroesophageal reflux disease (GERD), chronic headaches, and a disability manifested by upper respiratory infections are denied as there is no competent evidence to show these conditions may be associated with an event, injury, or disease in service.

The Board found that the veteran does not have a diagnosed muscular chest wall disorder and denied his claim for service connection. The VA examiner did not find any evidence linking the veteran's current asthma to his service or post-service conditions.

The Board has remanded the case for additional development, including obtaining updated VA and private treatment records, scheduling special VA pulmonary and cardiovascular examinations, and providing an opportunity for the veteran to respond.

The Board denied the veteran's claim for service connection for bronchial asthma, finding that there is no evidence of a current disability related to active service.

The Board denied the veteran's claim for an effective date prior to September 20, 2001 for the grant of a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities.

The veteran's claims for increased rating for right shoulder disability, service connection for asthma, and reopening of previously denied claims were all denied. The Board found that the evidence did not support a higher rating for the right shoulder disability or service connection for asthma. The claim to reopen previously denied claims was also denied.