Asthma decisions — 2008

The veteran's service-connected asthma is currently rated at 30 percent, and the Board has granted a rating of 30 percent for his allergic rhinitis. The issue of entitlement to TDIU remains pending.

The Board has reopened the claim of service connection for iritis and granted it based on new evidence. The claim for service connection for asthma was denied as there is no direct or presumptive link to active duty service.

The Board denied the veteran's claims for service connection for osteoarthritis, peptic ulcer disease, and asthma due to a lack of evidence linking these conditions to his military service. The claim for nonservice connected disability pension benefits was also denied as the veteran did not have qualifying active service.

The Board has ordered additional development as the veteran's active service records are unclear and may not have been submitted. The case will be returned to the RO for further action.

The Board denied the veteran's claim for an earlier effective date of June 23, 2003 for his TDIU rating based on service-connected disabilities.

The Board found that the veteran's service-connected asthma with COPD did not meet the criteria for a higher rating prior to May 15, 2008. Beginning on May 15, 2008, the evidence showed symptoms warranting a 100% disability evaluation.

The veteran died from cardio-respiratory arrest due to bronchial asthma. The Board finds that the service-connected disability did not cause or contribute substantially or materially to his death, and thus denied service connection for the cause of death.

The veteran's claims for service connection for asthma and PTSD are being remanded due to the need for further development, including verification of stressors and a psychiatric examination.

The Board denied the appellant's claim for service connection for the cause of her husband's death, finding that there was no evidence linking his death to his military service.

The veteran's claim for an effective date earlier than March 6, 2006 for a 60% disability evaluation for service-connected asthma was granted. The veteran also received a 60% disability evaluation from March 4, 1945.

The Board denied the veteran's claims for service connection for asthma and hypertension, finding that there was no evidence linking these conditions to his active duty or to exposure to herbicides. The Board also found that there was insufficient evidence to establish a link between the veteran's current diagnoses of asthma and hypertension and his service-connected diabetes.

The veteran's GERD with hiatal hernia is currently rated as 10 percent disabling, and service connection for exercise-induced asthma has been established.

The veteran's application for an extension of her basic eligibility period for educational assistance benefits was denied because it was not received within the required timeframe.

The Board has remanded the case for further development and consideration of new evidence, including VA medical records and a VA examination. The veteran's appeal will be reconsidered with these additional documents.

The Board has granted service connection for lung cancer associated with exposure to Agent Orange, but denied the request for an earlier effective date. The claim was received more than one year after separation from active duty and no earlier than August 20, 2002.

The Board denied the veteran's claims for service connection for asthma and an increased rating for PTSD, finding no relationship between his current disabilities and military service.

The Board denied the appellant's claims for service connection for the cause of the veteran's death, nonservice-connected death pension benefits, and accrued benefits. The conditions were not related to service.

The Board denied the veteran's claims for service connection for asthma and an increased rating for PTSD. The evidence did not show a direct relationship between the veteran's current asthma and his military service, and the criteria for a higher evaluation for PTSD were not met.

The veteran is seeking service connection for asthma, which he believes had its onset while on active duty. The case is REMANDED to the RO for a VA medical examination and readjudication.

The Board has determined that an effective date of January 24, 2003 is warranted for the assignment of a 30 percent rating for asthma.