Asthma decisions — 2008

The Board denied the veteran's claims for service connection for asthma and PTSD, finding that new evidence did not raise a reasonable possibility of substantiating the claims. The VA records do not show any diagnosis or treatment for either condition during active duty.

The Board has remanded the case to the RO for further action due to a failure in VA's duty to assist the veteran regarding his claimed exposure to Agent Orange.

The VA has determined that the veteran's bronchial asthma does not meet the criteria for a higher rating, as his pulmonary function tests have not shown FEV-1 at one second of between 40 and 55 percent of predicted value or a ratio of FEV-1/FVC to be between 40 and 55 percent. He is currently rated at 30% for bronchial asthma.

The veteran's claims for increased evaluations of his left foot, left hand, and sinusitis disabilities were granted. The effective date is not specified.

The Board found that the appellant's asthma existed prior to his service and was not aggravated by his active duty for training (ACDUTRA) periods, thus denying the claim for service connection.

The Board denied the veteran's claims for service connection for dysmetabolic syndrome, diabetes mellitus, asthma, and chronic allergic rhinitis. The evidence did not support a finding that these conditions were incurred or aggravated by military service.,Specifically, there was no medical evidence linking any of these conditions to service. The Board found that the veteran's current diagnoses predated his active duty service.

The Board has remanded the case for additional development, including obtaining private treatment records and scheduling a VA examination to determine if the veteran's claimed conditions are related to service.

The Board found clear and unmistakable evidence that the veteran's preexisting bilateral lung cysts did not worsen during service, and there is no medical evidence linking current asthma to military service. The claim for service connection for asthma was denied.

The Board has found no evidence of a causal relationship between the veteran's current pulmonary disorders and service or exposure to herbicide agents in Vietnam, thus denying his claim for service connection.

The veteran withdrew his appeal for service connection for asthma prior to the Board's decision. The remaining issues of service connection and increased ratings are remanded.

The Board has determined that there is no evidence of an earlier unadjudicated formal or informal claim for the effective dates sought. The veteran's claims were denied as they are based on a direct service connection, not reopening of previously denied claims.

The Board found no evidence of a nexus between the veteran's current asthma and his service, as there was no treatment or complaints related to respiratory issues during service. The claim is denied.

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

The veteran's claims for service connection for asthma, a right foot disability, and a right hand and finger disability have been denied. The Board found no evidence of such disabilities in service or post-service.

The veteran seeks an earlier effective date for a 30 percent disability rating for his service-connected bronchial asthma. The Board denied this claim as the current schedular criteria cannot be applied prior to their effective date.

The veteran has withdrawn his appeals for all listed conditions, including those related to herbicide exposure. The Board does not have jurisdiction to consider these matters as the appellant's request to withdraw his appeal is now in effect.

The Board denied the veteran's claims of service connection for bronchitis and a respiratory disorder, including asthma and emphysema with COPD. The evidence did not establish an etiological link between his current conditions and his active service.

The Board has remanded the case for additional development, including obtaining Social Security Administration decisions and medical records used in those decisions, evaluating the veteran's disabilities, and preparing a rating decision that lists all diagnosed disabilities and their percentage evaluations.

The Board has remanded the case for further development due to insufficient evidence regarding whether service-connected disabilities contributed substantially or materially to the veteran's death.

The Board denied service connection for GERD and asthmatic bronchitis, finding that these conditions were not caused by or aggravated by the veteran's service-connected psychogenic gastrointestinal disturbance.,A compensable rating was also denied for the veteran's service-connected psychogenic gastrointestinal disturbance.