Asthma decisions — 2014

The Board has determined that the Veteran's current asthma condition is due to his in-service pneumonia, and thus service connection for asthma is granted. The issues of bilateral hearing loss and tinnitus are remanded as additional development is needed.

The Veteran's claim for service connection for a pulmonary disability, claimed as chronic bronchitis, is being remanded due to the need for additional development including a VA examination and consideration of new evidence.

The Board found that the Veteran's current pulmonary disability, including asthma, bronchitis, and emphysema, was not caused or aggravated by active service or any incident of service, including as due to in-service exposure to carbon tetrachloride.

The Veteran's appeal was denied for service connection due to lack of evidence linking his current conditions to his period of honorable military service. The character of discharge from March 1961 to March 1962 period of service is also considered.

The Board found that the September 1996 rating decision denying service connection for asthma did not contain clear and unmistakable error, thus no earlier effective date is warranted. The Veteran's claim of entitlement to an initial disability rating in excess of 30 percent for asthma from October 3, 2006 to January 28, 2009 was denied, as the criteria were not met at any time during that period. The Veteran's claim of entitlement to a disability rating in excess of 60 percent for asthma since January 28, 2009 was also denied.

The Board has determined that the Veteran's current asthma is at least as likely as not incurred in service, and thus grants service connection for asthma.

The Veteran has withdrawn his appeals regarding service connection for a bilateral foot disability and asthma, as well as increased ratings for right knee osteochondromatosis and degenerative arthritis of the knees. The Board has dismissed these issues.

The Board denied the Veteran's claims for service connection for respiratory disorder and a rating increase for his traumatic cyst, chin condition. The Veteran was not granted service connection as there is no competent evidence showing a causal relationship between his current respiratory disorders and military service.

The Veteran's colon symptoms are due to radiation proctitis, which is related to his service-connected prostate cancer. The Board has determined that the Veteran's current diagnosed colon disorder (radiation proctitis) is secondary to his service-connected prostate cancer.

The Veteran's asthma is currently rated at 30 percent, which is the maximum rating available under Diagnostic Code 6602.,The Veteran's left wrist and forearm strain are currently rated at 10 percent, which is the maximum rating available under Diagnostic Codes 5214 and 5215.

The Veteran's appeal is being remanded due to scheduling issues for a Board hearing. Service connection claims for various conditions are pending.

The Veteran's claims for service connection for a bilateral eye disability and lung disability are being remanded due to the need for additional development, including obtaining SSA records and scheduling VA examinations.

The Veteran's bronchial asthma was rated at 60 percent from June 16, 2008 to January 9, 2014. From January 9, 2014, the rating is 30 percent.

The Veteran's claims for increased ratings for obstructive sleep apnea with bronchial asthma and allergic rhinitis are being remanded due to the submission of new evidence that may affect the severity assessments. The AOJ will consider this evidence in conjunction with the existing record.

The Board finds that the Veteran's claimed conditions of loss of sense of smell and taste, sinusitis (diagnosed as allergic rhinitis), and asthma were not incurred or aggravated by service. The evidence does not support a finding of direct service connection for these conditions.

The Board found that the Veteran's current respiratory disorder, including bronchial asthma, was not incurred in or related to her active duty service from January 2005 to June 2006.

The Board found that the reduction of the Veteran's bronchial asthma rating from 60 percent to 30 percent was proper based on evidence showing sustained improvement in his condition.

The Veteran's somatization disorder with PTSD is rated at 100 percent, rendering moot his appeal for a total disability rating based on individual unemployability due to service-connected disabilities (TDIU). His claim for special monthly compensation (SMC) based on aid and attendance was withdrawn.

The Board found clear and unmistakable evidence that the Veteran's pre-existing bronchial asthma did not increase in severity during his active service, thus denying his claim for service connection.

The Veteran's appeal for an initial rating in excess of 30 percent for pulmonary asbestosis with asthma and COPD was denied. The current disability rating is maintained at 30 percent.