Asthma decisions — 2014

The Veteran's claims for service connection were denied multiple times, but new and material evidence was submitted in October 2009 leading to the grant of service connection with an effective date of October 21, 2009. The prior denials are considered due to lack of new and material evidence.

The Board has determined that the Veteran's current COPD and Asthma are related to her in-service sinus problems, which were aggravated by service. As such, these conditions are granted as service connected.

The Veteran has withdrawn his appeal for service connection for respiratory disease (claimed as COPD and asthma) and sleep disorder (claimed as sleep apnea). The Board does not have jurisdiction to consider these claims.

The Veteran's asthma has been evaluated at a 30 percent rating since October 2009. The evidence does not meet the criteria for a higher evaluation.

The Veteran's back disability is rated at 40 percent since January 25, 2011.,Effective January 25, 2011, the Veteran is entitled to a 10 percent rating for left lower extremity mild incomplete paralysis of the sciatic nerve. Effective April 27, 2012, he is entitled to a 10 percent rating for right lower extremity mild incomplete paralysis of the sciatic nerve.

The Board has determined that there is no current evidence of a chronic disability manifested by tingling and numbness in the fingers or legs, which would support service connection. The Veteran's claims for these conditions are therefore denied.

The Board has remanded the case for an addendum opinion to reconcile conflicting opinions regarding the etiology of the Veteran's respiratory disorder. The claim is now pending again.

The Board has determined that the Veteran does not have currently diagnosed hip, pes planus, low back strain, neck disorder, or eye disorders. The claims for these conditions are therefore denied.

The Board has remanded the claims for further development, including obtaining clarification and opinions from a VA examiner regarding the nature and etiology of the Veteran's claimed disabilities.

The Veteran seeks service connection for obstructive lung disorder, including bronchial asthma and COPD. The Board finds that remand is necessary to address whether the Veteran's COPD was first manifested in service or is otherwise related to service, including his intermittent asthma attacks during service.

The Veteran's service-connected nasal pharyngitis with allergic rhinitis and sinusitis has resulted in episodes of sinusitis requiring antibiotic treatment, but not radical surgery or repeated surgeries. His COPD and asthma are aggravated by his service-connected nasal condition. The Veteran is entitled to an increased evaluation for his nasal condition.

The Veteran's appeal is denied as there are no compensable ratings for any of the claimed conditions and service connection was not established for any of them.

The Veteran's appeal is being remanded for additional development, including verification of his service and a VA examination to determine the nature and etiology of any respiratory disorder.

The Veteran's claim for service connection for a respiratory disability, including asthma, was denied as there is no evidence of current disability or in-service incurrence. The Veteran's left wrist disability was also not granted an initial compensable rating.

The Veteran's appeal is being remanded for further development, including scheduling a hearing before the Board of Veterans' Appeals.

The Board has determined that the Veteran's bilateral hearing loss and sleep apnea are related to her military service, while her heart murmur, asthma, and CTS do not have a direct link. The reduction in rating for pes planus was upheld.

The Board denied the Veteran's request to reopen his claim of service connection for asthma, finding that the new evidence submitted was cumulative and did not raise a reasonable possibility of substantiating the claim.

The Veteran's asthma has been rated at 100% since July 24, 1997. The Board granted a 100% rating for the entire period on appeal and found that TDIU prior to July 24, 1997 is moot due to the grant of a 100% schedular rating.

The Veteran's service-connected conditions do not meet the criteria for a TDIU as they are rated at less than 60% combined, and his unemployability is attributed to non-service connected disabilities.

The Veteran's claims for service connection for asthmatic bronchitis and chronic obstructive lung disease (COPD) are being remanded due to an outstanding hearing request.