Asthma decisions — 2010

The Board has ordered additional development to obtain medical records from the Veteran's period of active service and to provide her with VA examinations to determine if she is entitled to service connection for polyarthralgia, claimed as arthritis or joint pain, and asthma.

The Board has remanded the case to the RO for further development, including a VA examination and readjudication of the claim.

The Veteran's asthma was initially rated at 10% prior to October 7, 2009. Since then, the VA has determined that a rating of 30% is warranted.

The Board has denied the Veteran's claims for service connection for asthma, arthritis of all major joints, ulcers, and hypertension as secondary to medication prescribed for his service-connected urticaria.

The Board found that there is no evidence of COPD, asthma, or emphysema during service and the Veteran's current conditions are not causally related to his military service. The presumption of herbicide exposure does not apply as there was no in-service diagnosis or treatment for these conditions.

The Veteran's claims for increased ratings were denied as the conditions did not meet the criteria for higher ratings under VA rating criteria.

The Board has determined that a VA examination is necessary to determine if the appellant's sleep apnea syndrome and asthma pre-existed his active duty for training or were incurred during such service.

The Veteran's claims for increased ratings for cervical spine arthritis and service connection for bilateral ankle disorder, asthma, and cervical radiculitis have been granted. The Veteran is now assigned a 20 percent disability rating for his cervical spine arthritis prior to February 5, 2007, and from April 1, 2007, with separate ratings of 20 percent each for bilateral ankle disorder and asthma.

The Board found that the Veteran's lumbar degenerative disc disease was not incurred in or aggravated by military service, nor may service incurrence of the condition be presumed. The claim for a respiratory disorder due to asbestos exposure is remanded for further development.

The Board has remanded the case due to the need for additional treatment records from the Dallas VAMC and Nan Travis Hospital. The Veteran's claim of service connection for bronchial asthma is pending, with a focus on whether new evidence has been submitted to reopen the claim.

The Board has determined that additional development is needed to address the Veteran's claims for service connection for asthma and COPD, including consideration of asbestos exposure during service.

The Veteran's service-connected bilateral aphakia does not meet the criteria for an evaluation in excess of 30 percent. The combined rating of his service-connected disabilities is 50 percent, which does not meet the requirements for a TDIU rating under VA regulations.

The Veteran's asthma and TMJ were evaluated, but the evidence did not meet the criteria for a higher disability rating. The claims are denied.

The Board found no evidence of a current diagnosis or service connection for the claimed conditions, including an acquired psychiatric disorder, osteoporosis, arthritis, esophagitis, GERD, hiatal hernia, and COPD and bronchial asthma with obstruction. The Veteran's STRs did not show any complaints or diagnoses related to these conditions during his military service.

The Board found that bronchial asthma pre-existed the Veteran's entry into active duty military service and was not aggravated by his service. As such, the claim for service connection is granted.

The Board has remanded the claims for service connection for asthma, hypertension, and emphysema with bronchitis due to new evidence indicating a possible continuity of symptoms since service.

The Board found that the Veteran's asthma did not have onset during active service, within one year of separation from service, and is not otherwise etiologically related to her active service. Therefore, the claim for service connection for asthma was denied.

The Veteran's appeal is being remanded to schedule a Travel Board hearing at his RO in St. Petersburg, Florida.

The Veteran's claim for special monthly compensation based on the need for regular aid and attendance is being remanded due to insufficient evidence regarding his ability to require assistance.

The Board has determined that the Veteran's claimed conditions are not related to his military service and have denied all of his claims for service connection.