Asthma decisions — 2010

The Veteran's asthma and hepatitis C claims are being remanded for further development, including obtaining VA treatment records and a medical examination to determine the etiology of these conditions.

The Veteran's appeal for service connection for obstructive sleep apnea, including as secondary to service-connected bronchial asthma, was withdrawn prior to the Board's decision. The TDIU claim is inextricably intertwined with the increased rating claim for bronchial asthma and is therefore deferred.

The Veteran's claim for service connection for PTSD was granted. The claims of whether new and material evidence has been received to reopen a claim of entitlement to service connection for asthma, and entitlement to an increased evaluation for service-connected atopic eczema were also granted.

The Board has granted a 60 percent evaluation for the Veteran's service-connected asthma, effective from the date of this decision. The criteria for a higher 100 percent evaluation have not been met.

The Board has granted service connection for a left knee disorder and remanded the issues of service connection for asthma, higher ratings for migraine headaches, and initial rating for degenerative changes of the thoracic spine.

The Board has determined that asthma was not incurred in or aggravated by the Veteran's active duty service and denied the claim.

The Veteran's claim for service connection for asthma was denied as there is no current respiratory disorder that can be related to service. The Board found the Veteran does not have a respiratory disorder, including asthma.

The Board has remanded the case for further development, including obtaining VA treatment records and scheduling a VA examination to determine if the Veteran's current respiratory disorder is related to his service.

The Veteran's service-connected asthma is rated at 30 percent effective March 15, 2007. The disability picture has been found to be consistent with the assigned schedular evaluation.

The VA denied the Veteran's claim for service connection for asthma and sarcoidosis, finding no evidence of a relationship between his current lung disabilities and his military service.

The Board has determined that the Veteran's chronic pulmonary disease with pleural effusion and plaques, to include as due to asbestos exposure, does not meet the criteria for service connection.

The Board has determined that the Veteran's asthma and gastritis are related to his active service, granting service connection for these conditions.

The Board has remanded the Veteran's claim for service connection for asthma due to outstanding VA medical records and a need for additional notification under the VCAA.

The Board found that the appellant's asthma did not have its onset or increase in severity during a period of Active Duty for Training (ACDUTRA) and is not otherwise related to service. Therefore, service connection for asthma was denied.

The Veteran's asthma was rated at 30 percent prior to March 30, 2005 and at 60 percent from March 30, 2005 onwards. The Board found that the evidence supported a higher rating for the period beginning August 27, 2008.

The Board found that the Veteran's asthma and COPD were not related to his service-connected hemorrhagic fever, either as a result or secondary to it.

The Veteran's service-connected bronchial asthma is currently rated at 60 percent, but the Board finds that a higher rating is not warranted. The Veteran does not meet the criteria for a 100 percent evaluation due to his FEV-1 and FEV-1/FVC levels being within normal limits.

The Board has granted service connection for asthma and COPD, finding that the Veteran's current conditions are at least as likely as not related to her military service. The evidence considered included a private physician's opinion linking the Veteran's sinus problems during service to her current asthma and COPD.

The Veteran's claim for service connection for hypertension was denied as there is no evidence of a chronic condition during or within one year after service. The Board found that the Veteran did not meet the criteria for TDIU due to his multiple service-connected disabilities.

The Board has denied the Veteran's claims for service connection for emphysema and an effective date prior to July 9, 1991, for the grant of service connection for asthma. The Veteran is being remanded so that he can complete his appeal on these issues.