Asthma decisions — 2009

The Veteran's asthma is not related to her active service, and the Board has determined that it was not incurred or aggravated therein.

The Board has remanded the claims of service connection for right knee, asthma, and gout disorders, as well as a higher initial rating for hypertension to the RO via the Appeals Management Center (AMC) in Washington, DC, for further development and consideration.

The Veteran's claims for an increased evaluation for bronchial hyperreactivity asthma and service connection for panic disorder were denied. The Veteran's asthma currently meets the criteria for a 30 percent rating based on FEV-1 of 56-70% predicted, but does not meet the criteria for higher ratings due to lack of clinical findings at examination.

The Board has granted service connection for COPD and PTSD, finding that the evidence supports these claims based on direct service connection.

The Board denied the Veteran's claims for service connection for asthma, hay fever, eczema, and bronchial swelling as there is no competent evidence of current diagnoses or chronic disabilities related to these conditions. The Veteran's residuals of an appendectomy were evaluated as noncompensable.

The Veteran's claims for service connection for various respiratory and skin conditions are being remanded due to the need for additional development regarding potential mustard gas exposure.

The Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation, so his claim for TDIU is denied.

The Veteran's service-connected disabilities, combined to be 70 percent disabling. However, the evidence does not show that these conditions alone prevent him from securing and following a substantially gainful occupation.

The Veteran's claim for an increased disability rating for her service-connected asthmatic allergic bronchitis is being remanded due to the need for updated VA examinations and treatment records.

The Veteran's asthma was rated at 30% prior to November 10, 2008. After a VA examination on November 10, 2008, the rating was increased to 60%. The effective date for this increase is November 2, 2002.

The Board has determined that the Veteran's asthma is at least as likely as not aggravated by her service-connected sinusitis and allergies, thus granting service connection for asthma.

The Board has determined that there is no evidence to support the Veteran's claim for service connection for hypertensive cardiovascular disease. The Board also notes that the Veteran's bronchial asthma is currently evaluated as 30 percent disabling.

The Veteran's service-connected bronchial asthma renders him unable to secure and follow a substantially gainful occupation, thus meeting the criteria for TDIU.

The Veteran's appeal for service connection for asthma and residuals of a left knee injury has been dismissed due to his death.

The Veteran's service-connected bronchial asthma with pleuritis is currently rated at 30 percent since April 17, 2006. The appeal for a higher initial rating prior to that date has been denied.

The Veteran's appeal is being remanded due to the need for further development and adjudication of his claims, including service connection for emphysema. The issues of rating asthma with allergic rhinitis separately and determining whether he has a separate service-connected condition (emphysema) are also pending.

The Board has remanded the case due to inadequate examination reports and the need for additional records.

The Veteran's exercise-induced asthma is not service-connected due to lack of in-service onset. The Veteran's hysterectomy, which was initially rated at 30 percent and later increased to 50 percent, has been granted but no higher rating is available under the applicable diagnostic codes.

The Board has determined that the appellant's asthma is not service-connected, as there is no competent medical evidence showing it was incurred or aggravated during his period of active duty for training (ADT) from May to September 1973. The VA and private medical records do not support a link between the appellant's current asthma and any period of service.

The Board has determined that the Veteran's death by status asthmaticus was caused by a service-connected disability, and thus grants service connection for the cause of the Veteran's death.