Asthma decisions — 2009

The Board determined that the Veteran's stepson, C.W., was not entitled to benefits as a helpless child due to lack of evidence showing permanent incapacity for self-support prior to and at age 18.

The Veteran's claims for increased ratings were denied. The Board found that the criteria for a higher rating under the old and new rating criteria did not meet the requirements for an increase to the next higher level (30 percent).

The Board has remanded the case due to a lack of scheduled hearing and additional evidence needs to be reviewed. The Veteran's claims for service connection are pending.

The Veteran's claims for service connection for a back disability, asthma, hearing loss, and tinnitus have been denied as there is no evidence of an in-service injury or disease that is linked to the current disabilities.

The case is being remanded for the Veteran to be provided an opportunity to appoint a representative and for the claims folder to be forwarded to that representative.

The Board denied the appellant's claim for DIC under 38 U.S.C.A. § 1318, finding that the Veteran was not in receipt of compensation at the time of his death due to service-connected disabilities and did not meet the eligibility requirements for benefits.

The Board denied service connection for asthma as new and material evidence was not provided, and also denied service connection for bilateral sensorineural hearing loss.

The veteran's requests to reopen claims for service connection for asthma, sleep apnea, sinusitis, and allergic rhinitis were denied as new and material evidence was not presented.

The Board found that the evidence did not show that asthma was related to the Veteran's period of active military service.

The Board denied the Veteran's claims for service connection for asthma and sarcoidosis as there was no evidence of a nexus between his in-service exposure to fumes and his current respiratory conditions.

The veteran withdrew her appeal before the Board made a decision.

The Board granted the petition to reopen the claim for service connection for tinnitus and denied service connection for chronic asthma.

The Board has reopened the veteran's claims for service connection for PTSD and depression, but denied service connection for irritable bowel syndrome, right knee chondromalacia, residual pain due to left knee cellulitis, back injury residuals, morbid obesity, kidney infections, and asthma. The Board also granted initial 10 percent disability ratings for a left knee disability and asthma.

The Veteran's pulmonary disorder, manifested by adult onset asthma, bronchitis, bronchiectasis, and chronic obstructive pulmonary disease with respiratory failure, is service-connected as it had its onset during service.

The Board denied service connection for epilepsy or a seizure disorder, sinusitis, diabetes mellitus, asthma, strokes, heart disability, occlusion of the carotid artery, prostate cancer, bladder cancer, and bilateral visual impairment as there is no evidence that these conditions are related to the Veteran's active military service.

The Board remands the claim for further development, including a medical examination to determine if the Veteran has asthma and whether it had its clinical onset during active military service.

The Veteran's asthma did not meet the criteria for a compensable evaluation prior to June 8, 2004, and his asthma on or after that date did not warrant an evaluation in excess of 30 percent. The evaluations for postoperative residuals of right patellofemoral syndrome and degenerative disc disease of the lumbar spine were also denied.

The Veteran's asthma was not related to service, a cataract of the right eye developed during service and is not due to willful misconduct or alcohol abuse, but residuals of a fall in service, including dental trauma, were the result of his abuse of alcohol.

The Veteran's service-connected disabilities, including bronchial asthma rated at 60 percent, do not preclude substantially gainful employment.

The Board concluded that the weight of the evidence is against a grant of service connection for asthma as there is no competent evidence that the current diagnosis is related to active service.