Asthma decisions — 2013

The Veteran's claims for service connection for obstructive sleep apnea, initial rating for asthma, and TDIU were denied. His sinusitis with nasal septum defect claim resulted in a 30% rating.

The Veteran's appeal is being remanded for further development, including obtaining medical records from Dr. R.G., Dr. A.P., and Long Beach Community Hospital.

The Veteran's appeal has been withdrawn, and the Board is dismissing the case.

The Board has determined that the Veteran's claimed conditions of polyarthralgia (arthritis or joint pain) and asthma are not service-connected, as there is no evidence to support a connection between these conditions and her military service.

The Veteran's hiatal hernia is not service-connected as it was not incurred or aggravated by her periods of active and inactive duty for training.,There is no evidence of a right shoulder disorder during the Veteran's periods of ACDUTRA, nor any current diagnosis.

The Veteran's claim for an initial rating higher than 50 percent for sleep apnea with asthma is being remanded due to the need for additional development, including obtaining VA treatment records and a new VA examination.

The Veteran's claims for service connection for bilateral hearing loss, tinnitus, asthma and bronchitis, and a left foot and ankle disability were denied. However, the Board found in favor of the Veteran on his claim for a left foot and ankle disability as it is likely related to service. The other claims remain denied.

The Veteran's left shoulder disability, tinnitus, and asthma were all granted service connection. The initial ratings for tinnitus and asthma are set at noncompensable and 30 percent, respectively.

The Veteran's appeal is being remanded for additional development due to new evidence provided by his attorney, including a medical article from 2008 that suggests the recommended spirometric indices may not be optimal in differentiating between chronic obstructive pulmonary disease (COPD) and asthma. The VA examiner's opinion regarding the nature and severity of his service-connected bronchial asthma needs to be clarified based on this new information.

The Veteran's respiratory, arthritis, and skin disorders are not service connected due to lack of evidence linking them to his military service or Agent Orange exposure.

The Veteran's asthma and left ear hearing loss are being reviewed on their merits, with a focus on the relationship to service. The right ear hearing loss claim is also being considered, including for secondary service connection. A total disability rating based on individual unemployability is under consideration.

The Board has reopened the claim for service connection for bronchial asthma and finds that new evidence supports a finding of in-service onset. Service connection is granted.

The Veteran's left knee joint effusion was granted service connection and assigned a noncompensable rating effective August 30, 2005. The RO increased the rating to 10 percent from February 23, 2008. A separate compensable rating of 10 percent for painful motion with joint or periarticular pathology was granted.

The Board found that the Veteran does not have a current respiratory disorder, including asthma, and thus denied his claim for service connection.

The Board has remanded the case for further action, including scheduling a Travel Board hearing before a member of the Board at the Waco, Texas VA RO.

The Board has determined that new and material evidence has not been received to reopen the Veteran's previously denied claims for service connection for asthma and bronchitis. The claim is therefore denied.

The Veteran's appeal is being remanded to the RO for additional development, including obtaining VA records and scheduling examinations. The claims will be readjudicated based on all evidence.

The Board has determined that the Veteran's respiratory disorders, including chronic obstructive pulmonary disease and asthma, are not related to service or exposure to asbestos. The claim for hearing loss is also denied.

The Veteran's preexisting allergic rhinitis worsened during active military service, and the Board granted service connection for this condition. The GERD claim was also granted with a 10 percent evaluation.

The Board found that the Veteran's respiratory disorders, including bronchial asthma and chronic bronchitis, are not service-connected due to lack of evidence linking them to his in-service exposure to burning human waste. The decision is considered erroneous because it disregarded favorable medical opinions based on the Veteran's history.