Asthma decisions — 2011

The Board denied service connection for the Veteran's cause of death and for several other conditions, finding that there was no evidence linking these conditions to his military service or service-connected disabilities.

The Board denied the Veteran's claims for service connection for asthma and a right hand injury, finding that there was no evidence of permanent aggravation during service and that his condition existed prior to service.

The Board has decided that the Veteran's claim to reopen his previously denied claim of entitlement to service connection for bronchial asthma must be remanded due to insufficient notification regarding the bases for previous denials.

The Board denied reopening the claim of service connection for the cause of the Veteran's death due to lack of new and material evidence, as no evidence was provided that related his death to his service.

The Board has remanded the case for additional development, including obtaining medical opinions regarding the etiology of the Veteran's claimed conditions and their relationship to service.

The Veteran's respiratory disability, characterized as asthma with x-ray evidence of COPD and emphysema, warrants a 30 percent rating due to the need for daily inhalational anti-inflammatory/bronchodilator therapy.

The Board has reopened the Veteran's previously denied claim for service connection for a respiratory disorder and finds that new and material evidence has been presented. The Veteran's current diagnoses of asthma, restrictive airways disease, and reactive airways disease are at least in equipoise with his in-service treatment history, raising a reasonable possibility of substantiating his claim.

The Veteran's appeal is being remanded for additional development, including an examination to determine the etiology of any left eye disability and a Statement of the Case on his claim for an initial disability rating greater than 10 percent for asthma with pleural plaquing and chronic obstructive pulmonary disease.

The Veteran's asthma is presumed to have existed prior to his active service and was not permanently aggravated by his military service.

The Board has granted a 30 percent rating for the Veteran's service-connected asthma, effective October 31, 2006.

The Veteran's asthma was not shown to be related to his military service, and the claim for service connection is denied.

The Board has remanded the case for further development to determine if the Veteran's death was caused by VA-administered cortisone injection and whether there was fault on VA's part in administering the injection.

The Veteran's service-connected bronchial asthma does not preclude him from securing and maintaining substantially gainful employment.

The Veteran's asthma was initially granted with a 10% evaluation prior to May 15, 2008. From that date, the VA assigned a 30% evaluation effective May 15, 2008.

The Veteran's asthma condition was present for some time prior to the November 26, 2004 treatment and did not meet the criteria for emergency medical care as it was not life-threatening or immediately hazardous.

The Veteran's appeal is being remanded to obtain additional VA and private medical records, including a pulmonary function test from 1982. The issue of an effective date prior to September 19, 2000 for the 100% rating for bronchial asthma with emphysema will be reconsidered.

The Veteran did not have cor pulmonale or bronchial asthma during service, and there is no evidence of these conditions until after service. The Board finds that the cause of death was not caused by a disability incurred in or aggravated by service.

The Veteran's claims of entitlement to service connection for asthma and sinusitis have been fully resolved as the RO has granted these claims in a March 2010 rating decision.

The Board has determined that the Veteran's diagnosed restrictive pulmonary deficit is not etiologically related to service, and he does not have currently diagnosed residuals of pneumonia.

The Board has found that the Veteran's current low back disorder is related to his period of service. The issue of service connection for a respiratory disorder, including asthma, remains pending and requires further development.