Asthma decisions — 2012

The Board found that the Veteran's current asthma/COPD was not incurred in or aggravated by his period of active military service, including presumed herbicide exposure, and is not otherwise proximately due to or aggravated by his service-connected PTSD.

The Board has remanded the claims for service connection for the cause of the Veteran's death, DEA under the provisions of 38 U.S.C.A. Chapter 35, and service-connected burial benefits due to inadequate medical opinions regarding whether the Veteran's service-connected disabilities caused or contributed substantially to his death.

The Board has determined that the Veteran's asthma and bronchitis are not related to service, including any potential asbestos exposure. The evidence does not support a finding of service connection for these conditions.

The Veteran's claim for service connection for a pulmonary disorder, including asthma, chronic bronchitis, and residuals of tuberculosis is being remanded due to the need for additional development.

The Veteran's claims for service connection for asthma and chest pain are being remanded due to the need for additional VA treatment records.

The Veteran's appeal is being remanded for additional development to obtain medical records and provide an etiological opinion regarding his claimed knee disabilities and respiratory disorder.

The Board found no evidence of a chronic lung disorder during service and concluded that the Veteran's current asthma and bronchitis are not related to his military service.

The Veteran's bronchial asthma is currently rated at 60 percent, but the Board finds that a higher rating is not warranted based on the evidence of record.

The evidence does not show the Veteran currently has an asthma disability, and therefore service connection for asthma is denied.

The Veteran's asthma has been evaluated at 60 percent since May 2006, and the evidence does not meet the criteria for a higher evaluation.

The Board has determined that the Veteran's respiratory disorder, including bronchitis, bronchitic asthma, and industrial asthma, is related to his service in Southwest Asia during Desert Storm. The decision grants service connection for these conditions.

The Board has determined that further development is needed to locate the Veteran's service treatment records and obtain any relevant VA clinical records. The case will be remanded for these actions.

The Board finds that the Veteran's current bronchial asthma is related to active service and grants service connection for this condition.

The Board has found that the Veteran's bronchial asthma was not incurred or aggravated by his service. The claim for a respiratory disorder including a deviated nasal septum requires further development due to continuity of symptoms since service.

The Board finds that the Veteran's asthma likely existed prior to service and was aggravated by his active duty, leading to a finding of service connection.

The Veteran's asthma, sinusitis, allergic rhinitis, and bilateral hearing loss have not met the criteria for higher initial evaluations.

The Board has determined that termination of VA disability compensation due to fugitive felon status from May [redacted] through July [redacted], 2006, and from December [redacted] through January [redacted], 2007 is proper. The reduction of the Veteran's disability compensation benefits to a 10 percent level effective July 18, 2007 due to incarceration for a felony conviction is also considered proper.

The Board found no evidence of a chronic pulmonary disease during service and concluded that the Veteran's current bronchial asthma and COPD are not related to military service, including exposure to DDT.

The Board is remanding the case to provide proper VCAA notice and to review all submitted evidence since the last supplemental statement of the case. The appellant's claim for service connection for the cause of her father's death will be reconsidered.

The Board has determined that the Veteran's current pulmonary disability, including asthma and COPD, began during service and is related to his in-service symptoms. As such, the claim for service connection is granted.