Asthma decisions — 2009

The Veteran's bronchial asthma is currently rated at 30 percent, but the evidence does not meet the criteria for a higher rating based on pulmonary function test results or other service-connected conditions.

The Veteran has withdrawn his appeals for all issues except PTSD, which were dismissed due to withdrawal.

The Veteran's appeal is being remanded for further development, including scheduling a VA examination to determine if his sleep apnea and asthma are related to his military service.

The Board has determined that further development is needed to address the Veteran's claims for service connection of left knee, dermatological, and respiratory disorders. The case is REMANDED for additional development.

The Veteran's claims for service connection for a respiratory disorder (asthma), hypertension, and stomach disorder were denied as there was no evidence of these conditions during or within one year after her military service.

The Veteran's multiple sclerosis is found to have begun during her active service, and she is granted service connection for this condition.

The Veteran's asthma claim is being remanded for additional development, including verification of mustard gas exposure and review of medical records.

The Board has denied the Veteran's claims for an initial evaluation in excess of 30 percent for service-connected bronchial asthma and for an effective date earlier than July 24, 2003 for the award of service connection for bronchial asthma.

The Board has reopened the claim for service connection for bronchial asthma and granted it, finding that there is current evidence of a diagnosis of bronchial asthma.

The Veteran's asthma is currently rated at 60 percent, effective February 24, 2004. His claim for service connection for coronary artery disease as secondary to his asthma has been granted.

The Veteran's PTSD was incurred in service and is granted. His alcoholism, diabetes mellitus, gastrointestinal disability, skin rash, heart disease, and respiratory condition are all found to be aggravated by service.

The Board found that the July 12, 1999 rating decision was not clearly and unmistakably erroneous and denied the Veteran's motion to reverse or revise the decision on grounds of CUE.

The Veteran's claim for a permanent and total disability rating for pension purposes is being remanded due to the need for additional development of his medical records, including those from Social Security Administration and VA Vocational Rehabilitation Education.

The Veteran's claim for service connection due to an undiagnosed illness based on Persian Gulf War Service is denied as a matter of law.

The Board has granted service connection for right knee disorder and left knee disorder, finding that these conditions are causally related to service. Service connection was denied for asthma due to lack of evidence linking the current condition to service.

The Veteran's service-connected disabilities render him unemployable, and the claim for TDIU is granted.

The Veteran's service-connected disabilities do not preclude him from obtaining and maintaining substantially gainful employment.

The Board found that the March 1999 rating decision did not contain clear and unmistakable error, and denied the Veteran's claim for an effective date prior to October 13, 2005. The Veteran was awarded a 60 percent evaluation for asthma in June 2005 based on his current condition.

The Board has granted service connection for lung disease, including as due to exposure to asbestos. The Veteran was exposed to asbestos in service and currently has a lung disease.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim for service connection for a respiratory disorder. The claim is granted.