Asthma decisions — 2011

The Veteran's service-connected low back disability is found to be the primary cause of several secondary conditions, including sciatica, neuropathy of the feet and hands, decreased circulation in the feet and hands, restless leg syndrome, and a bilateral hip disability. The scars from his spine surgery are also recognized as related to this condition.

The Veteran's asthma is found to be service-connected, and he is granted service connection for this condition. The issues of rating migraine headaches and degenerative changes of the thoracolumbar spine are remanded.

The Board denied the Veteran's claims for service connection for hypertension, diabetes mellitus, glaucoma (claimed as secondary to diabetes mellitus), asthma, and intractable plantar keratoses. The effective dates for the 20% evaluations were not granted.

The Board found that the Veteran's death was not caused by or substantially contributed to by a disability incurred in or aggravated by active service. The appellant is also not entitled to non-service-connected death pension benefits due to lack of qualifying service and accrued benefits because her claim was untimely filed.

The Veteran's claim for an increased rating in excess of 30 percent for chronic obstructive lung disease with history of asthma is being remanded due to the need for additional private and VA records, including a pulmonary function test.

The Board has remanded the case due to incomplete medical records and inadequate notice under VCAA. The Veteran died from acute myeloid leukemia, with pneumonia as a significant condition contributing to death.

The Veteran's asthma has been granted service connection, but the RO/AMC is instructed to obtain a new VA examination and review all outstanding records before determining an appropriate initial evaluation.

The Board has determined that additional development is needed to determine if the Veteran was exposed to herbicides or other chemicals during service, and whether his current conditions are related to such exposure.

The Board has determined that there is no evidence to support the Veteran's claims for service connection for asthma, sinus condition, sleep apnea, carpal tunnel syndrome and jaw surgery. The claim for a spine disorder was denied as there is no current disability.

The Veteran's claims for increased evaluations of his left knee disability and chronic sinusitis, as well as service connection for a respiratory disorder, are being remanded due to the failure to schedule VA examinations. The Veteran reported an accident that prevented him from attending the scheduled exams.

The Board found that the Veteran's current respiratory disorders, including asbestosis, asthma, and COPD, were not incurred in or aggravated by active military service.

The Board found that the Veteran's suicide was not caused by any service-connected conditions, and denied claims for service connection for cause of death.

The Veteran's claim for service connection for asthma was denied in 1973, but new evidence has not been received to reopen the claim. The Veteran is granted a 70 percent rating for PTSD and no higher since it meets criteria for such a rating. Other claims have also been addressed.

The Board dismissed the appeal due to the death of the appellant, and thus no jurisdiction remains for adjudicating the merits of this claim.

The Veteran's asthma has not met the criteria for a higher evaluation, as her FEV-1 and FEV-1/FVC measurements have consistently been above the threshold required for a 60% rating. The use of a nebulizer does not qualify her for a 60% rating based on requiring monthly visits to a physician.

The Veteran's bronchitis with asthma was rated at 30 percent prior to June 5, 1998 and at 60 percent as of that date.

The Board has reopened the claim for service connection for a lung disease and granted service connection for asthma. The Veteran's atypical reactive airway disease with allergic rhinitis is also found to be related to active service.

The Board found that the Veteran's COPD with asthmatic element is not related to service or any incident of service origin, and denied his claim for service connection.

The Veteran's service-connected conditions do not meet the criteria for specially adapted housing or a special home adaptation grant.

The Veteran's appeal has been remanded due to the withdrawal of his appeals for increased ratings for left ankle disorder and right knee disorder. The remaining issues of increased ratings for sinusitis, bilateral hearing loss, allergic rhinitis, and asthma are being reviewed.