Asthma decisions — 2009

The Board denied the veteran's requests to reopen claims for service connection for gout, asthma, hypertension, and knee disorders due to a lack of new and material evidence.

The appeal is remanded for a medical examination to determine the nature and etiology of any current respiratory disorder.

The Board denied the veteran's claim for service connection for a lung disorder, including as a result of exposure to asbestos, due to the lack of evidence showing that his bronchial asthma is related to his military service.

The Board denied service connection for all the claimed conditions as they were not shown to be related to the veteran's period of active duty.

The Board denied the veteran's claim for compensation under 38 U.S.C.A. § 1151 for deep vein thrombosis, finding that it was not due to carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA in furnishing hospital care, medical or surgical treatment, or examination; nor was it an event not reasonably foreseeable.

The Board denied service connection for bronchial asthma, hearing loss, residuals of a head injury, bilateral eye condition, headaches, PTSD, arthritis, and bilateral foot condition as new and material evidence was not received to reopen the claims.

The Board denied the veteran's claim for service connection for asthma, finding that there was no evidence of a chronic disability during service or for many years thereafter and no medical evidence linking the current condition to his active service.

The Board denied the veteran's claim for service connection for asthma, finding that there was no evidence to directly link Agent Orange exposure or any other incident of service to his current condition.

The appeal for service connection for a low back disorder was denied as there is no competent evidence linking the condition to service.

The veteran's claim for an earlier effective date for a 100 percent rating for bronchial asthma with emphysema was denied as the evidence did not support assigning an effective date earlier than September 19, 2000.

The appeal for service connection for dental disability was withdrawn, and the veteran's bronchial asthma rating remained at 30 percent.

The veteran's claims for service connection and increased ratings were denied as the evidence did not support the presence of a disability or sufficient severity to warrant higher ratings.

The Board has determined that the veteran does not have PTSD, hypertension, migraines, a heart disorder, asthma, defective vision, or a bilateral lung disorder related to service.

The Board restored the veteran's 20 percent rating for numbness of the left (minor) arm secondary to degenerative joint disease of the cervical spine, and denied an increased rating in excess of 20 percent. The Board also denied entitlement to a total disability rating based upon individual unemployability due to service-connected disabilities.

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

The veteran's initial ratings for osteoarthritic changes of the thoracolumbar and cervical spine, as well as mild and persistent exercise-induced bronchial asthma with inactive pulmonary sarcoidosis, were denied.

The veteran's bronchial asthma does not meet the criteria for a rating in excess of 30 percent.

The Board denied service connection for hypertension as it was not incurred in or caused by the veteran's active duty and there is no evidence of a chronic condition during service. The claims for asthma, allergies (diagnosed as allergic rhinitis), and gastritis were remanded for further development.

The appeal is remanded to the RO for further development of evidence related to the veteran's claims.

The Board denied the veteran's claim for service connection for acute bronchial asthma, finding no evidence of in-service incurrence or a link to service.