Asthma decisions — 2012

The Board has determined that the Veteran's claims for service connection for a respiratory disability, back disability, and gastrointestinal disability are not supported by the evidence of record. The preponderance of the evidence is against finding a link between these conditions and the Veteran's period of active military service.

The Board has determined that the Veteran's asthma is at least as likely as not related to his active duty service, including his time in Turkey from January 2001 to March 2001. As such, the claim for service connection for asthma is granted.

The Board found that the Veteran's current lung disability is not related to his active service, including exposure to herbicides in Vietnam. The VA examiner opined that the lung disability was less likely caused by or aggravated by his military service.

The Board has granted service connection for tinnitus, a low back disability, and an acquired respiratory disability to include COPD, asthma, chronic bronchitis, sinusitis, and laryngitis.,Service connection is established for these conditions based on direct evidence of their onset during active duty.

The Board has denied service connection for asthma and pneumonia. The Veteran disagrees with the denial of his claim for pneumonia, but an SOC has not been issued.

The Board found that the Veteran's pre-existing asthma did not permanently increase in severity during service and thus, the presumption of soundness is rebutted. The VA examiner concluded that the Veteran's asthma was not aggravated by military service or exposure to second-hand smoke.

The Veteran's claims for service connection for type 2 diabetes mellitus and asthma are being remanded due to the need for additional medical opinions regarding the relationship between his current conditions and military service.

The Board found that the Veteran's lung disability did not have its onset in service or is otherwise related to service, including any in-service exposure to asbestos or herbicide agents. The claim for service connection was denied.

The Veteran's service-connected low back strain and bronchial asthma have been granted increased ratings, with the effective dates being July 7, 2009 for the low back strain and June 29, 2007 for the bronchial asthma.

The Board has determined that new and material evidence has not been received to reopen the claims for service connection for post-inflammatory hyperpigmentation, gastroesophageal reflux disease, residuals of removal of gallstones and gallbladder, a disability manifested by dizziness, diabetes mellitus, nerve damage in the head, hypertension, asthma, heart disability, impotence, and an eye disability. The Veteran's claimed conditions are not related to his service.

The Board has decided to remand the case for further development, including additional VA examinations and medical opinions on various issues.

The Veteran's service-connected bronchial asthma is currently rated at 60 percent disabling, and the Board denied entitlement to an evaluation in excess of this rating. The issue of an extraschedular evaluation was also denied.

The Board has determined that the Veteran's current respiratory disorder is not related to his active service, and thus denied his claim for service connection.

The Board has ordered a new VA examination to determine the nature and etiology of the Veteran's diagnosed asthma, which is currently claimed as a respiratory condition. The claim will be remanded for further development.

The Veteran's asthma has been rated at 60 percent since April 22, 2011. This rating is based on the intermittent (at least three per year) courses of systemic corticosteroids required to manage his symptoms.

The Board has granted service connection for various conditions including a bilateral foot disorder, left knee disorder, hiatal hernia, residuals of pilonidal cyst, residuals of cholecystectomy, right shoulder disorder, hypertension, heart disorder, asthma, and an innocently acquired psychiatric disorder.

The Board found that the Veteran's pre-existing asthma clearly and unmistakably existed prior to service, but was not aggravated by active duty. Therefore, service connection for asthma is granted.

The Board found no evidence of a back disability in service and insufficient credible evidence to establish that the current back disability is related to service. The respiratory disability claim was not adjudicated as it pertained to exposure to asbestos, which is not supported by the record.

The Veteran's appeal is remanded for further development and readjudication of his claims for a higher rating for bronchial asthma and entitlement to TDIU. The case will be returned to the Board only if an appeal is fully perfected.

The Veteran's claims for diabetes mellitus, chest pain (not related to PTSD), skin disorder, and asthma have been denied as there is no current evidence of these conditions during the period on appeal.