Asthma decisions — 2012

The Board dismissed the appeal due to the appellant's death, as it has no jurisdiction to adjudicate the merits of this claim.

The Veteran's claims for service connection for sinusitis and asthma are being remanded due to the need for additional development, including VA examinations and obtaining medical records.

The Veteran's claim for an increased rating for his service-connected bronchial asthma was denied as the evidence did not meet the criteria for a higher rating under Diagnostic Code 6602.

The Veteran's appeal is being remanded to the RO for a Travel Board hearing at the RO. The issues include service connection claims and rating disputes.

The Veteran's appeal is remanded for a new VA examination to assess the current severity of his service-connected chronic asthma with chronic obstructive pulmonary emphysema, including consideration of all applicable rating criteria. Additional relevant records from November 2009 forward must also be obtained.

The Veteran's claims for increased ratings and service connection were addressed. The mood disorder with depression was granted a 50% rating effective November 18, 2004. Service connection for hypertension and asthma were denied.

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

The Board has determined that additional evidence is needed to fully and fairly consider the merits of the Veteran's claims, including obtaining relevant records from Social Security Administration (SSA) and VA, as well as service personnel records.

The Veteran's service connection claim for headaches, claimed as migraine headaches, is granted. The remaining claims are not addressed in this decision.

The Veteran's claim for a compensable rating for his service-connected Hodgkin's disease has been remanded due to inadequate VA examination opinions and the need for further development.

The Veteran's appeal is being remanded for further development, including obtaining medical opinions regarding the etiology of his claimed conditions and any residuals from cellulitis. Service connection will be considered based on the merits of the claims.

The Board has determined that the Veteran's lung disability, including COPD, emphysema, fibrosis, and bronchial asthma, did not have its clinical onset in service or is otherwise related to active service.

The Board has determined that the Veteran's current asthma was incurred during her active service and grants service connection for asthma.

The Veteran's service-connected disabilities render her unable to obtain and retain substantially gainful employment, meeting the criteria for a TDIU.

The Board dismissed the Veteran's motion to revise their April 27, 2010 decision because it lacked specificity regarding the claimed clear and unmistakable error in the rating decisions.

The Board found that the Veteran's respiratory disorders, including COPD and bronchial asthma, were not incurred in or aggravated by service or a service-connected disability.

The Veteran's asthma is not considered to be caused by the VA vaccinations, and therefore he does not meet the criteria for compensation under 38 U.S.C.A. § 1151.

The Veteran's claim for service connection for asthma was previously denied in January 2004. New evidence received since that decision does not raise a reasonable possibility of substantiating the claim, but new and material evidence has been presented to reopen his claims for service connection for tinea pedis claimed as jungle rot.

The Veteran's pulmonary disabilities are being remanded for a VA examination to determine their etiology, including whether they are related to service-connected ischemic heart disease and/or exposure to Agent Orange.

The Board has reopened the Veteran's claims for service connection for bronchial asthma and major depression with psychotic features, finding new and material evidence. The appeals are now addressed de novo.