Asthma decisions — 2013

The Veteran's claims for service connection for a duodenal ulcer and asthma have been reopened, but further development is needed to determine the merits of these claims.

The Veteran's asthma disability is being remanded for additional development, including a new VA examination and consideration of the TDIU claim. The case will be returned to the Board after these actions are completed.

The Veteran withdrew his appeal regarding the claim of service connection for asthma.

The Board has remanded the case for further development, including obtaining updated VA treatment records and arranging for a VA examination to determine whether the Veteran's sinus disorder is related to service or due to her service-connected asthma with respiratory scarring. The examiner should also assess whether any diagnosed sinus or respiratory disorders are attributable to a medically unexplained chronic multisymptom illness.

The Veteran's service-connected disabilities, including asthma, obstructive sleep apnea, posttraumatic stress disorder, and others, have rendered him unable to secure or follow a substantially gainful occupation. The Board has determined that he is entitled to a TDIU rating.

The Board has remanded the case for additional development, including scheduling a new VA examination and obtaining treatment records. The Veteran's service-connected disabilities are to be considered in determining whether he is unemployable.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation.

The Board has reopened the claim for service connection for asthma, but finds that there is no evidence to support a finding of in-service incurrence or aggravation. The Veteran's current respiratory disabilities are more likely related to post-service tobacco use and obesity hypoventilation syndrome.

The Board has reopened the Veteran's claims of service connection for asthma and bilateral eye disability, but denied reopening of her claim for service connection for glaucoma. The decision is mixed as it grants some issues while denying others.

The Veteran's claim for service connection for asthma is being remanded due to the need for additional development, including obtaining SSA records and VA treatment records.

The Board has determined that the Veteran's asthma is not related to his active military service and therefore denied his claim for service connection.

The Board found that the Veteran's current low back disorders, lumbar spine degenerative disc and joint disease, and scoliosis are not causally related to his active duty service. The claim for service connection for low back disability was denied.

The Veteran is seeking to have the reduction of his bronchial asthma rating and the denial of service connection for Meniere's syndrome in May 1955 overturned due to clear and unmistakable error. The Board has ordered further development to locate missing records from June 1955 to September 2009.

The Veteran's service-connected bronchial asthma is rated at 60 percent, effective from the date of the decision. The Board also granted a TDIU based on his service-connected conditions.

The Veteran's asthma is currently evaluated as 30 percent disabling under Diagnostic Code 6602, which requires FEV-1 of 56 to 70 percent predicted or at least monthly visits to a physician for required care of exacerbations. The Veteran does not meet these criteria.

The VA determined that the Veteran's current respiratory disorder is not related to his service or a service-connected condition, and thus denied his claim for service connection.

The Veteran's service-connected bronchitis, sinobronchial condition with asthma is granted a rating in excess of 30 percent. The claim for service connection for an acquired psychiatric disability (depression) secondary to the service-connected bronchitis, sinobronchial condition with asthma is also granted.

The Board finds that the Veteran's current respiratory conditions are not caused or aggravated by his military service and therefore denies his claim for service connection.

The Veteran's allergy-induced asthma has been rated at 30 percent since January 24, 2013.

The Board found that the Veteran's pre-existing asthma disorder existed prior to his period of service and did not become permanently aggravated during service.