Asthma decisions — 2012

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at St. Mary's Medical Center is denied because he has Medicare Part A coverage, which constitutes a health-plan contract that would pay in whole or part for the emergency treatment.

The Veteran's appeal is being remanded for additional development, including obtaining VA examinations to assess the severity of her service-connected respiratory and eye conditions.

The Veteran's appeal is remanded for a personal hearing before the Board of Veterans' Appeals. The case will be returned to the Board after the hearing.

The Board found that the Veteran's current respiratory complaints are not related to active military service or events therein, including any asbestos exposure. The preponderance of evidence is against his claim for service connection.

The Veteran's asthma was initially rated at 10 percent prior to October 10, 2007 and increased to 30 percent thereafter. The current rating of 30 percent is maintained.

The Board is remanding the case for additional development and adjudicative action, including obtaining service treatment records, VA treatment records, and any other relevant medical records. The Veteran must also be provided with a VCAA notice regarding the claims.

The Veteran's service connection for a respiratory disorder and PTSD have been granted. The Veteran was awarded an initial 70% disability evaluation for PTSD prior to December 13, 2009, but the appeal is mixed as some issues were granted while others were denied.

The Board has determined that additional development is needed to determine the nature and etiology of the Veteran's lung disability, residuals of a left nephrectomy, and PTSD. The case is therefore REMANDED for further action.

The Veteran's preexisting chronic seasonal allergies with recurrent sinusitis increased in severity during her second period of active service, and the Board finds that she is entitled to service connection for this condition.

The Veteran's claim for retroactive payment of benefits due to termination of his service-connected bronchial asthma from March 1, 1973 to January 17, 2008 was denied as he failed to report for a scheduled VA examination and abandoned the claim.

The Board has jurisdiction over the Veteran's claims of entitlement to service connection for diabetes mellitus, type II, a skin disorder around the right eye and asthma. The appeal is REMANDED due to the need to obtain additional VA medical records.

The Board has remanded the case due to further development of evidence being required, including a statement of the case for the issue of nonservice-connected disability pension benefits and scheduling a hearing before a Veterans Law Judge.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling VA examinations to address the claims for PTSD, lumbar spine disability, and respiratory disability.

The Veteran claims service connection for asthma and COPD, alleging exposure to mold in barracks at Keesler Air Force Base. The Board has ordered a remand due to the need for clarification on whether pre-existing hay fever represents a preexisting disability and if so, whether it was aggravated by service.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining all of her service treatment records and determining if she was exposed to asbestos during service.

The Board has determined that the Veteran's lung condition is not related to his active service and denied reopening of his claim for bronchial tube scarring.

The Veteran's obstructive sleep apnea is not considered to be directly related to his service-connected bronchial asthma, and the Board has determined that there is no evidence of a direct link between the two conditions. As such, the claim for secondary service connection is denied.

The Board has determined that the Veteran's current respiratory disorder, variously diagnosed as bronchial asthma and asthmatic bronchitis, is related to service. The bilateral shoulder disorder may not be presumed due to exposure but is considered a direct result of service. The bilateral hip disorder is not supported by evidence showing it was incurred in or aggravated by service.

The Veteran's claim for nonservice-connected pension was withdrawn. The Board found that asthma is not etiologically related to active service and denied the claim of entitlement to TDIU due to her service-connected PTSD and major depressive disorder NOS.

The Board has remanded the case for further development, including obtaining service treatment records and private treatment records. The appellant's status is unclear due to his claimed veteran status.