Asthma decisions — 2011

The Veteran's appeal is being remanded to obtain a VA examination regarding his respiratory disability, specifically asthma. The TDIU claim is also inextricably intertwined and will be deferred until the service connection issue is resolved.

The Veteran's claims for service connection for asthma and bilateral upper and lower extremity neuropathy were denied as the evidence did not support a finding of current disabilities or a link to service.

The Veteran's claim for an earlier effective date for a 100 percent rating for his service-connected bronchial asthma was denied as there was no evidence of an increase in disability prior to January 14, 2007.

The Veteran's claims for an increased evaluation for bronchial asthma and service connection for a heart condition were denied. The Veteran's bronchial asthma is currently rated as non-compensably disabling, while the heart condition claim was not addressed due to lack of evidence.

The Veteran's appeal for an increased rating for bronchial asthma and TDIU claim are both remanded due to the need for a current VA examination, as well as referral of the TDIU claim to the Director of Compensation and Pension for adjudication.

The Board has decided to remand the case for additional development due to inadequate opinions regarding the Veteran's respiratory condition and its relation to service.

The Board has determined that the overpayment of VA benefits for a dependent spouse was not properly created due to administrative error, and thus the debt is invalid.

The Board has remanded the case for further development, including obtaining additional VA treatment records and considering the applicability of laws governing pre-existing disabilities being aggravated by service.

The Board found that the Veteran's asthma and systolic flow murmur pre-existed service and were not aggravated by service. Therefore, the claims for service connection for these conditions are denied.

The Veteran's bronchial asthma was granted service connection as it became manifest during his Southwest Asia theater of operations service.,Service connection for the low back disability, claimed as Gulf War Illness, was denied due to lack of a medically unexplained chronic multisymptom illness.

The Board denied service connection for a lung condition (claimed as asthma) and denied an increased rating for GERD. The Veteran's lung condition is not related to his military service, while the GERD has been well-controlled with medication.

The Veteran's claim for an increased rating for his service-connected bronchial asthma is being remanded due to the need for a new VA examination.

The Veteran's claim for reimbursement of medical services provided at the Nebraska Medical Center on June 6, 2005 is being remanded due to a lack of VAMC records documenting his visit.

The Veteran's claim for an initial rating in excess of 10 percent for asthma and for an effective date earlier than November 29, 1994 for the award of service connection for asthma was denied. The Board found that the effective date currently assigned is correct as it is the date the Veteran first sought service connection for this condition.

The Veteran's claims for asthma, an acquired psychiatric disorder (including PTSD, depression, generalized anxiety disorder, and panic disorder with agoraphobia), and GERD are being remanded due to the need for additional development of her VA treatment records.

The Veteran's claim for service connection for a respiratory disorder, including COPD and asthma, is being remanded due to the need for clarification on whether his current conditions are related to his active service or if they preexisted service.

The Veteran's tinnitus was not incurred in or aggravated during active service. The Board finds that the Veteran has a current diagnosis of asthma, which is related to her service and granted service connection for this condition.

The Board has determined that the Veteran's claimed conditions, including bilateral hearing loss disability, tinnitus, hay fever or allergic rhinitis, and COPD or asthma, were not incurred in or aggravated by active service. The evidence does not support a finding of direct service connection for these conditions.

The Veteran's asthma was rated at 60 percent, but the RO reduced it to 30 percent. The Board found that there was no actual improvement in her condition and restored the original rating of 60 percent.

The Veteran's bronchial asthma was increased to a 60 percent rating effective February 2, 2010. The case is remanded for further development and consideration of the appropriate effective date.