Asthma decisions — 2008

The Board has remanded the case due to the need for a VA examination to determine if the veteran's current respiratory disorder is related to his service.

The Board denied service connection for asthma and sinusitis as the appellant did not have a diagnosed disability during or within one year after service, and there was no evidence of aggravation.

The veteran's bronchial asthma was rated at 30 percent from October 22, 2005 through December 31, 2005 and granted a 60 percent rating effective from October 22, 2005. Since January 1, 2006, the veteran's bronchial asthma was rated at 30 percent.

The Board has determined that new and material evidence has been received to reopen the veteran's claim of entitlement to service connection for a respiratory disability, which includes asthma, COPD, and bronchitis. The decision is based on evidence submitted by the veteran regarding his exposure to environmental hazards in the boiler room and during the Gulf War.

The Board has remanded the claims for service connection for the cause of the veteran's death and for DEA under the provisions of 38 U.S.C.A. Chapter 35 due to new evidence requiring further development, including obtaining a VA opinion on whether the veteran's service-connected disabilities caused or contributed to his suicide.

The Board has granted service connection for lung disease (asthma and COPD) due to exposure to toxic substances during service, including as a result of fuels. The Board also granted service connection for right hip and right lower extremity arthritis secondary to the veteran's service-connected lumbar spine degenerative arthritis.

The Board has denied the veteran's claims for service connection for an acquired psychiatric disorder and a lung disorder, finding no evidence of in-service injury or disease that is related to his current conditions.

The Board has determined that the veteran's depression is not related to his military service and denied the claim. The issue of asthma remains pending as it was not addressed in this decision.

The Board found that the veteran's asthma was not chronic in service and did not continue after service. The claim for service connection for asthma is denied.

The veteran's appeal is remanded due to the need for additional development, including a new VA examination and obtaining Social Security Administration records. The claim will be reconsidered in light of all pertinent evidence.

The Board found that asthma preexisted service and was not aggravated by service, thus granting service connection for asthma. The cervical spine and low back disabilities were also granted as they are presumed to have been incurred in service.

The Board has remanded the case for additional development due to a significant change in the law and to provide a more thorough examination of the veteran's asthma.

The veteran's claims for higher initial evaluations for his low back and left knee disorders, as well as service connection for asthma, migraine headaches, and right maculopathy of the eye were granted. The effective date for these grants is September 8, 2005.

The Board has remanded the veteran's claims for service connection due to incomplete development and lack of medical evidence supporting his assertions.

The veteran's claim for special monthly pension payable at the housebound rate is denied as he does not meet the criteria of having a single permanent disability rated as 100 percent under the rating schedule or a separate disability or disabilities independently ratable at 60 percent or more.

The Board has remanded the case due to inadequate VCAA notice and further development is required, including a VA examination.

The veteran's claims for an increased rating for asbestosis and service connection for his respiratory conditions are being remanded due to the need for additional development, including a VA examination and notification of relevant regulations.

The Board found that the veteran's current respiratory disabilities are not related to his service or herbicide exposure, and thus denied his claim.

The Board has determined that the veteran's currently diagnosed bronchial asthma and asthmatic bronchitis were incurred during his active service.

The Board found that the veteran's asthma was not shown during active service and denied his claim for service connection.