Asthma decisions — 2009

The Board denied an earlier effective date for a TDIU rating, as it was not factually ascertainable that the Veteran's service-connected disabilities caused individual unemployability prior to August 12, 1991.

The Veteran's bronchial asthma was granted a higher initial 30 percent rating prior to April 21, 2005, but the claim for an increased rating for his left scrotal sac scar remains pending.

The Veteran is granted service connection for exercise-induced asthma, but denied service connection for allergic rhinitis.

The appeal is remanded to the RO for further development of evidence, including obtaining private medical records and SSA records.

The Board found that the Veteran's death was not proximately due to or the result of a disease or injury incurred in service, and denied entitlement to service connection for the cause of his death.

The Board concluded that the May 2001, April 2002, and August 2002 rating decisions were not clearly and unmistakably erroneous in assigning an effective date of July 6, 1999, for service connection for PTSD, GERD, and hearing loss. An earlier effective date is precluded by law.

The Board denied the veteran's claims for increased ratings and service connection, finding that the evidence did not support higher evaluations or additional service-connected conditions.

The Veteran's allergic asthma does not meet the criteria for a rating in excess of 10 percent.

The appeal was remanded to obtain additional evidence and provide proper notice.

The Veteran's skin disorder and bilateral hip bursitis were granted service connection. The Veteran was also granted a 30 percent disability rating for asthma.

The appellant's verified service in the Philippine Commonwealth Army during World War II is not qualifying service for purposes of establishing basic entitlement to nonservice-connected pension benefits. The criteria for service connection for arthritis, hypertension, and asthma have not been met.

The Veteran's claims for service connection for bilateral hearing loss, tinnitus, a bilateral hip disorder, a bilateral knee disorder, a back disorder, a bilateral ankle disorder, asthma, and emphysema were denied as there was no evidence of current disability or a link to service.

The Board remands the claims for service connection for asthma, cataracts and depression as secondary to atopic dermatitis due to a need for medical opinions.

The Board denied service connection for hay fever, asthma, hypertension, and coronary artery disease as the conditions were not shown to have been aggravated by service or incurred in service. Social phobia was granted a 10% rating.

The veteran's bronchial asthma was rated at 100% from March 31, 2007, and a total schedular rating for this condition between July 15, 2005 to March 30, 2007 is warranted. The claim for TDIU during the same period is dismissed as legally insufficient.

The appeal is remanded to the RO for further development of evidence related to the Veteran's claims, including obtaining records from SSA and VA examinations.

The Board denied service connection for the cause of the veteran's death and for a lung disability, finding that the disease process leading to the veteran's death was not attributable to his active military service.

The Board found that the Veteran's service-connected spontaneous pneumothorax is asymptomatic, resulting in no functional impairment.

The Board denied the veteran's claim to reopen a previously denied claim for service connection for bronchial asthma, as new and material evidence was not received.

The Board remands the claims for additional development and clarification, as there is conflicting evidence regarding the Veteran's hearing loss and tinnitus.