Asthma decisions — 2014

The Board has decided to remand the case for a new VA examination and additional development of records, as the current evidence does not provide sufficient information on whether the Veteran's service-connected asthma prevents him from securing or following a substantially gainful occupation.

The Veteran's asbestosis has been manifested by a pulmonary function test showing FVC greater than 80 percent of predicted value, FEV-1 greater than 80 percent of predicted value, and DLCO (SB) greater than 80 percent predicted value. The Veteran's respiratory symptoms have been due to asthma, not asbestosis or any manifestations of asbestosis such as pleural plaques or interstitial fibrosis or pleural effusion or fibrosis.

The Veteran's recurrent pneumonia was permanently worsened by active duty service, and the Board finds that he is entitled to service connection for a respiratory disorder manifested by recurrent pneumonia. The issue of whether his bronchiectasis or other respiratory conditions are related to service remains pending.

The Veteran's right knee instability rating was reduced from 10 percent to noncompensable effective January 1, 2010. The Board found the reduction proper.,The Veteran is not entitled to an increased rating for her right knee instability prior to January 1, 2010 or as noncompensable since then.

The Veteran's claim for a higher rating for his service-connected bronchial asthma is being remanded due to the need for additional development, including obtaining updated medical records and scheduling an appropriate VA compensation examination.

The Veteran's TDIU claim is being remanded for further review by the VA Compensation and Pension Service due to her service-connected disabilities, which include multiple conditions such as endometriosis, asthma, depression, degenerative disc disease, vertigo, radiculopathy, ovarian cysts, and carpal tunnel syndrome. The case will be referred back for an extraschedular TDIU rating under 38 C.F.R. § 4.16(b).

The Veteran's respiratory disorder is found to be service-connected. The status of her hysterectomy, gastrointestinal disorder, hypertension, migraines, and sleep apnea claims are pending further medical evaluation.

The Veteran's appeal is being remanded for further development of his claim, including obtaining medical records and scheduling a VA examination to determine the current severity of his service-connected bronchial asthma.

The Veteran's allergic rhinitis and chest fungus growth are related to his service. He does not have a current diagnosis of tuberculosis.,The Veteran's asthma is not related to his service, but he has a strong family history of the condition.

The Veteran's appeal is being remanded for additional development, including VA examinations to determine the current severity of her asthma and etiology of any right shoulder disability. The claims will be readjudicated after all necessary actions are completed.

The Board found that new and material evidence had not been submitted to reopen the claim for service connection for asthma, resulting in a denial of the Veteran's request.

The Veteran withdrew his appeals on the issues of exposure to chemicals and respiratory disorder, claimed as asthma, sinus, shortness of breath, cough, including as due to herbicide and asbestos exposure. The remaining claims are pending.

The Board has determined that the Veteran's respiratory disorder, including COPD and asthma, did not develop as a result of his military service or any in-service exposure to chemicals, herbicides, or other elements. The fatty tumors of the lungs and other organs were also not found to be related to his military service.

The Board has remanded the case for additional development, including obtaining medical opinions regarding the Veteran's respiratory disorders and their relationship to service.

The Veteran's asthma is found to be as likely as not related to his active duty service, and the Board grants service connection for asthma. The issue of service connection for a TBI remains on appeal.

The Veteran's appeal is remanded for additional development, including new examinations and issuance of a statement of the case addressing service connection issues.

The Veteran's chest pain is not considered a separate disability and has already been addressed in his service-connected asthma. Therefore, he cannot be granted service connection for this condition.

The Board has reinstated the effective date of September 3, 2005 for service connection of atopic dermatitis and asthma as it was correctly determined that the Veteran's original claim had been filed within one year of her discharge.

The Board has remanded the case due to the need for additional medical records from Dr. Soma and Dr. Chumley, as well as any relevant pulmonary test records.

The Board denied the Veteran's claims for earlier effective dates and service connection, as well as his requests for increased ratings and TDIU. The issues of asthma, major depressive disorder, and neurologic disabilities were addressed.