Asthma decisions — 2011

The Veteran's claim for service connection for a respiratory disorder, claimed as asbestosis or asthma secondary to asbestos exposure is being remanded due to the need for additional development and examination.

The Veteran's death was caused by gastric cancer, and the appellant is seeking service connection for the cause of his death. She also seeks DIC under 38 U.S.C.A. � 1151 due to alleged fault on the part of VA medical providers in not discovering his gastric cancer earlier.

The Board found that new and material evidence had not been received to reopen the previously denied claim for service connection for asthma. The Veteran's insomnia with disrupted sleep architecture was also considered, but there is no direct evidence linking it to his military service.

The Veteran's claims for increased ratings for hearing loss, bunions (foot condition), and asthma were denied. The Veteran was not granted any new disability evaluations.

The Veteran's asthma was rated at 30 percent disabling before October 6, 2005. The rating is based on the use of a non-corticosteroid inhaler and intermittent need for antibiotic treatment.

The Board denied the appellant's claim for service connection for the cause of the Veteran's death, finding no evidence of in-service treatment or causation.

The Veteran's appeal was not timely filed, and her claims of service connection for sleep apnea, herniated disc, and asthma were denied in the April 2008 rating decision.

The Veteran's bronchial asthma and sleep apnea are currently rated at 50 percent, which is the maximum schedular rating available. The Board finds that a higher rating is not warranted based on the evidence of record.

The Board has remanded the Veteran's claims due to insufficient development of evidence, including further examination and medical opinion regarding his claimed conditions.

The Board has determined that the Veteran does not have a current diagnosis of asthma and there is no clear and unmistakable evidence that it pre-existed service. As such, the claim for service connection for asthma is denied.

The Board has remanded the case for obtaining VA treatment records and readjudicating both issues on appeal.

The Board found that the Veteran's chronic obstructive pulmonary disease with asthma did not have its onset during service and is not attributable to any event, injury, or disease during service. The preponderance of evidence does not support a finding in favor of service connection.

The Board denied service connection for asthma, schizophrenia (claimed as chronic acquired psychiatric disorder), and a left knee disorder due to the preponderance of evidence not showing these conditions were incurred or aggravated by military service.

The Board has determined that the appellant's respiratory disabilities other than pleurisy, including bronchitis, pneumonia, COPD, asthma, tuberculosis in remission and sleep apnea are causally related to his active service. The left ear hearing loss is not compensable.

The Veteran's lung condition, including COPD, asthma, and bronchitis, is being remanded for further development to determine if it is related to his military service, particularly exposure to Agent Orange.

The Veteran's asthma was not found to be related to service.,A chronic skin disorder was not found to be related to service.,GERD was not found to be related to service.,Liver disorder was not found to be related to service.,Diabetes mellitus was not found to be related to service.

The Veteran's claims for service connection for cervical spine and respiratory disorders have been reopened, but the underlying claims remain denied.,Service connection was not established for DDD of the cervical spine with cervical strain or a respiratory disorder.

The Veteran's asthma has been rated at 30 percent since December 26, 2003. The VA found that the Veteran does not meet criteria for a higher rating based on FEV-1 and FEV-1/FVC values.

The Veteran's asthma has been granted service connection with a 30% disability rating effective May 1, 2008. The RO has requested additional evidence and ordered a VA examination to determine the current severity of his asthma.

The Veteran's appeal of his claim for service connection for bilateral pes planus has been withdrawn. The claims of service connection for a chronic respiratory disorder including asthma and seasonal allergies, and for a right hand disorder are remanded for additional development.