Asthma decisions — 2009

The Veteran's claim for an increased rating for his service-connected bronchial asthma was denied as the evidence did not meet the criteria for a disability in excess of 60 percent.

The Board has determined that the submitted evidence does not raise a reasonable possibility of substantiating the claim for service connection for asthma, and thus the claim remains denied.

The Veteran's asthma was rated at 10 percent since May 17, 1993. The Board found that the Veteran's asthma did not meet the criteria for a higher rating under either the old or new VA rating criteria.

The Board has remanded the claims of service connection for a right knee disorder, left knee disorder, and asthma/lung disorder to the RO for further development. The claim of service connection for depression is also remanded.

The Board found that the Veteran's allergies, asthma, and hereditary angioedema are not service-connected as they do not meet the criteria for direct service connection. The evidence does not show a chronic condition in service or continuity of symptomatology after service.

The Veteran's claims for increased disability ratings have been denied. The VA has fulfilled its duty to assist the Veteran in obtaining evidence, but he failed to cooperate with the VA's efforts to obtain additional medical records. His asthma and hypesthesia of the left toes are currently rated as 30 percent and 0 percent respectively, which is the maximum rating available under current regulations.

The Veteran's asthma and degenerative joint disease of the right knee have been granted service connection, with an effective date of May 13, 2003. The Veteran's claims for increased evaluations on issues #4 and #5 were withdrawn.

The Board denied reopening the claim for service connection for a nasal disorder (to include asthma, sinus, and breathing problems) due to lack of new and material evidence. The Veteran's claim for service connection for hardened and scaly feet is REMANDED.

The Board found that the Veteran's chronic respiratory condition, including asthma and reactive airway disease, was not incurred in or related to his military service.

The Board has determined that the Veteran's asthma and pulmonary embolism are service-connected as they occurred during her active duty for training, which is considered a period of active military service.

The Veteran's claim for service connection for epilepsy as a residual of a head injury was granted. The claim for an increased rating for bronchial asthma was also granted, with the rating now at 60 percent.

The Veteran is seeking service connection for asthma and emphysema due to asbestos exposure. The case has been remanded for additional development, including obtaining SSA records.

The Veteran's appeal is remanded for further development, including obtaining VA treatment records and SSA disability benefits information. The case will be readjudicated after the additional development.

The Veteran's claimed conditions were not incurred or aggravated by active service, nor may degenerative joint disease be presumed to have been incurred therein. The Veteran has not provided credible evidence establishing that an event, injury, or disease occurred in service or during an applicable presumptive period for which the claimant qualifies.

The Veteran's claims for service connection are being remanded due to the need for additional examinations and development of records, including VA treatment records and SSA disability benefits documentation.

The Veteran's claims for increased ratings for asthmatic bronchitis and service connection for bilateral glaucoma and PTSD were denied. The Veteran does not meet the criteria for a higher rating for his asthma, and there is no evidence of bilateral glaucoma or PTSD related to service.

The Board has remanded the case due to incomplete records and the need for further examination by a pulmonologist.

The Board found that the Veteran's viral influenza with concomitant attacks of bronchial asthma was not incurred in or aggravated by service and denied both his claim for service connection and his eligibility for nonservice-connected disability pension benefits.

The Veteran has withdrawn his appeals for the issues of entitlement to higher initial ratings for chronic allergies and bronchial asthma. As a result, these cases are dismissed.

The appellant has withdrawn his appeal for the issue of entitlement to service connection for diabetes mellitus. The case is dismissed.