Asthma decisions — 2009

The Veteran's claims for service connection for a back disorder and bronchial asthma are being remanded due to the need for additional development, including obtaining relevant medical records and notifying her of what evidence is necessary to reopen her claim.

The Veteran's claims for service connection for bilateral hearing loss, residuals of a cervical spine injury, asthmatic bronchitis, and bipolar disorder (claimed as a nervous condition) have been denied. The applications to reopen the claims for residuals of a cervical spine injury and asthmatic bronchitis were also denied due to lack of new and material evidence.

The Veteran's appeal of entitlement to an initial compensable rating for bilateral hearing loss has been dismissed due to the Veteran withdrawing his appeal. The case is being remanded for further development regarding service connection for COPD/asthma and exposure to asbestos.

The Board denied the Veteran's claims of service connection for asthma, peripheral neuropathy of the lower extremities, chemical sensitivity, congestive heart failure, and small ischemic vessel disease, including strokes, all to include as due to exposure to Agent Orange. The appeals were not decided on a direct basis but rather based on presumptive service connection.

The Veteran's asthma was granted service connection effective July 14, 1995. The initial rating assigned was 30 percent prior to October 26, 2004, and increased to 60 percent thereafter.

The Veteran's asthma and GERD are service-connected, with the GERD receiving a 10% disability rating.

The Veteran's appeal is being remanded due to the need for further development regarding his claims of service connection and TDIU.

The Veteran's cause of death was not service-connected, and he did not meet the requirements for nonservice-connected death pension benefits or accrued benefits.

The Veteran's claim for service connection for a back disorder, hiatal hernia/GERD, and lung disorder is denied. The claim for depression remains pending.,Service connection for the Veteran's claimed conditions is not granted as there is no evidence linking them to his military service.

The Veteran's claim for an initial rating higher than 30 percent for pleural thick thickening related to asbestos exposure with bronchial asthma was granted. The claims for increased ratings for facet joint arthropathy, L4-5, L5-S1; left lower extremity radiculopathy; and right lower extremity radiculopathy were all granted.

The Veteran's lung condition, shown as bronchitis, bronchiectasis, and asthma, did not have onset in active service or within one year of separation from active service, and is not otherwise etiologically related to active service. Therefore, the claim for service connection has been denied.

The Veteran's service did not meet the requirements for nonservice-connected death pension benefits due to his asthma, which was not a service-connected disability.

The Veteran's appeal is being REMANDED to the RO/AMC for additional development, including obtaining medical records and providing a VA examination.

The Board has remanded the case for further development, including verifying the Veteran's claimed stressors and obtaining a VA psychiatric and pulmonary examination to determine service connection for PTSD and asthma rating.

The Veteran's appeal is being remanded for further development, including the issuance of an SOC regarding his claim for a higher initial rating for asthma and the need to provide a supplemental medical opinion on his skin disorder. The Veteran will also be provided with another SSOC after any additional development.

The Board has determined that the Veteran's sinusitis with nasal polyps and asthma existed prior to service but were aggravated by her active military service. Therefore, service connection for these conditions is granted.

The Veteran has withdrawn his appeals for all issues except the ones related to Agent Orange exposure. The Board does not have jurisdiction to review these remaining issues.

The Veteran's asthma was rated at 30 percent, which is the maximum schedular rating. The Board denied an increased rating for his asthma and found that sinusitis was not service-connected as secondary to allergic rhinitis.

The Veteran's left knee disability is rated at 10 percent, and his asthmatic bronchitis is also rated at 10 percent. Both conditions are currently assigned the maximum schedular rating under their respective diagnostic codes.

The Veteran's bronchial asthma has been manifested by shortness of breath, wheezing, and intermittent cough that requires inhalational bronchodilator and anti-inflammatory therapy on a daily basis. Pulmonary function test findings show no worse than FEV-1 of 56 to 70 percent predicted or FEV-1/FVC of 56 to 70 percent predicted. The Veteran does not require monthly visits to a physician for required care of exacerbations or at least three courses of systemic corticosteroids per year, warranting no higher than a 30% rating under DC 6602.