Asthma decisions — 2010

The Board has determined that the Veteran does not have a left foot bone loss and denied her claim for service connection. The Veteran's asthma and left eye disability claims are addressed in the REMAND portion of this decision.

The Board has determined that the effective date for service connection of TMJ disorder and asthma cannot be earlier than May 19, 2003 as the Veteran did not file a formal appeal prior to this date.

The Veteran's claim for special monthly compensation based on the need for aid and attendance is being remanded due to a lack of recent medical evidence and an updated VA examination.

The Board has determined that further development is needed for both the diabetes mellitus and asthma claims, including obtaining service records to determine if there was exposure during service, as well as pre- and post-service occupational or other asbestos exposure. A VA examination will be scheduled to assess the nature and etiology of any current pulmonary disorders.

The Board has remanded the case for a videoconference hearing before a Veterans Law Judge, and all issues remain on appeal.

The Board finds that the Veteran's respiratory disability, including COPD and asthma, is attributable to service. The anxiety disorder is also found to be related to his service-connected COPD.

The Board denied the Veteran's claims for increased ratings for asthma, degenerative joint disease at L5-S1 (low back disability), and gastroesophageal reflux disease (GERD).

The Veteran's asthma and toenail fungus were found to be related to service, while the left wrist disability is currently under review.

The Veteran's claim for service connection for right groin strain was withdrawn.,The issue of entitlement to service connection for a headache disorder remains open on appeal, as the July 1988 rating decision denying such is not final.,Diabetes mellitus was incurred in active service and is service-connected.,Asthma was not incurred or aggravated by active service.,TMJ dysfunction was not incurred or aggravated by active service.,The right shoulder disorder was not incurred or aggravated by active service, nor may the incurrence of arthritis during such service be presumed.,Erectile dysfunction is proximately due to or the result of a service-connected disability (diabetes mellitus).,PTSD and major depressive disorder were incurred in active service and are service-connected.,Dry throat was not caused by active service, as there is no underlying diagnosed disorder residual to tonsillectomy.,A bilateral elbow disorder was not incurred or aggravated by active service.,A rib joint disorder was not incurred or aggravated by active service.,The torn right latissimus dorsi muscle was not incurred or aggravated by active service.,Arthritis of the hands was not incurred or aggravated by active service, and the incurrence or aggravation of arthritis during such service may not be presumed.

The Veteran's claims for increased ratings and reopening of a service connection claim were denied. The asthma rating was found to be appropriate, as the FEV-1/FVC ratio is within the range for a 30% disability rating. The degenerative joint disease and disc condition did not meet criteria for higher ratings.

The Veteran's asthma was not shown in service or for many years thereafter, and the most competent and probative evidence indicates that his current asthma is not related to his active service, including asbestos exposure.

The Veteran's service-connected conditions have not been found to warrant higher ratings based on the current evidence of record. The Board has determined that her asthma does not meet the criteria for a higher than 30 percent rating, and her left knee condition does not meet the criteria for a higher than 10 percent rating.

The Board has remanded the case due to failure to obtain medical records from several facilities. The Veteran's claim for service connection for asthma will be reconsidered based on the additional evidence.

The Board granted a disability evaluation of 60 percent for bronchial asthma, effective March 6, 2000. The issue of service connection for sleep apnea was also addressed and the claim was granted.

The Board has remanded the case for additional development due to the need for a VA examination and further review of the medical records.

The Board has granted service connection for asthma, finding that the Veteran's current condition is related to his active duty service. Service connection was denied for a back disorder and left foot stress fracture residuals.

The Veteran's claims for service connection were granted, with an initial rating of 10% for prostate cancer effective February 8, 2007. The claim for higher ratings for erectile dysfunction was denied.

The Board has denied the Veteran's claims for increased ratings for his service-connected disabilities, including right wrist tendonitis, asthma, and gastroesophageal reflux disease (GERD). The Veteran is still entitled to the current evaluations assigned.

The Board has remanded the case due to insufficient evidence regarding whether the appellant's pre-existing asthma was aggravated during active duty training, and for obtaining treatment records prior to 1999.

The Veteran's claims for increased ratings and service connection were denied. The Veteran's asthma was not found to warrant a higher rating, and his obstructive sleep apnea was determined not to be related to his GERD.