Asthma decisions — 2012

The Board has reopened the claim of service connection for asthma and granted a 30 percent rating effective January 22, 2009. The Veteran's current asthma is related to his asthma identified during active service.

The Veteran's bilateral retinitis pigmentosa and respiratory disorder have been found to be related to active service. The claim for service connection is granted.

The Veteran's asthma is currently rated at 60 percent, the highest available rating under VA regulations. The Board finds that his symptoms and treatment warrant this higher rating.

The Board denied service connection for headaches, asthma, residuals of fractures of the radius and ulna, and dyshidrosis and onychomycosis of the toenails of both feet due to lack of evidence showing a chronic condition in service or within one year after discharge.

The Veteran's appeal is being remanded for a videoconference hearing at the RO.

The Veteran's claims for higher evaluations for bronchial asthma with intermittent bronchitis and post-operative giant cell tumor of the right third finger were denied. The Board found that the evidence did not meet the criteria for a higher evaluation under the applicable rating codes.

The Veteran's allergic rhinitis and asthma have been rated as 30 percent disabling, while his stress-related central retinitis serosa has not met the criteria for a compensable rating.

The Veteran's claim for special monthly pension based on the need for regular aid and attendance or at the housebound rate is denied as he does not meet the criteria for either benefit.

The Veteran's appeal is being remanded to the RO for scheduling a hearing before a Veterans Law Judge at the RO. The claims of service connection for sinusitis and asthma are on appeal, as well as an initial compensable rating claim for left foot status post arthroplasty with hemiphalangectomy of the fifth digit due to hammertoe and painful corn.

The Board found that new and material evidence has not been received to reopen the Veteran's previously denied claim of service connection for asthma, as the evidence does not relate to an unestablished fact necessary to substantiate this claim.

The Veteran's appeal is being remanded to obtain additional medical records and for further development before the RO can readjudicate his claims.

The Board has granted service connection for the Veteran's interstitial lung disease as secondary to his service-connected rheumatoid arthritis, finding that the current condition is more likely than not due to or aggravated by his service-connected disability.

The Veteran's claim for a TDIU was denied because he did not meet the threshold percentage requirements under 38 C.F.R. § 4.16(a) and his case was referred to the Director of Compensation and Pension Service for consideration on an extra-schedular basis under 38 C.F.R. § 4.16(b). The Director determined that a TDIU is not warranted on an extra-schedular basis.

The Veteran's appeal is being remanded due to the need for a video conference hearing. The claims of service connection are still pending and will be addressed after the hearing.

The Veteran's appeal includes claims for increased evaluations for asthma, sinusitis, and allergic rhinitis. The Board has determined that the effective date of service connection for asthma should be in July 1983, not February 9, 1998 as previously decided. Additionally, VA must obtain all relevant medical records to support these claims.

The Board found that the reduction of the Veteran's asthma evaluation from 60 to 30 percent, effective March 1, 2006, was proper based on the evidence showing improvement in his condition.

The Board found no evidence to support service connection for asthma or left ankle disability, and thus denied both claims.

The Veteran's asthma, which has been rated at 30 percent since October 1996 and reduced to 60 percent in December 1999, is now rated at 60 percent due to objective pulmonary function tests showing FEV-1 of no worse than 56% of predicted value and FEV-1/FVC ratios not worse than 56%, with daily inhalational or oral bronchodilator therapy. The Veteran's intermittent use of corticosteroids (at least three times per year) also supports the increased rating.

The Veteran's respiratory and eye disorders are not service-connected, as there is no direct evidence linking these conditions to his military service. The Board found that the current diagnoses do not meet the criteria for presumptive service connection due to asbestos exposure.

The Veteran's asthma has been granted an initial 30 percent rating effective October 6, 2011. The left tibia stress fracture and bilateral myopia, plantar fasciitis, and eczema have not resulted in a compensable evaluation.