Asthma decisions — 2014

The Veteran's appeal is being remanded for additional development to obtain medical records and provide updated examinations for her asthma, left knee, and lumbar spine conditions. Her claim for a TDIU is also inextricably intertwined with the other claims.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining VA and private treatment records, Social Security Administration records, and opinions from the May 2012 VA examiners regarding service connection for DM and peripheral neuropathy.

The Veteran's claim for nonservice-connected pension benefits was denied as he did not have qualifying military service during a period of war. The Board also found that the Veteran should be afforded VA examinations and opinions to determine whether his current respiratory disability, hearing loss, and other disabilities are related to service.

The Veteran's appeals have been dismissed as the representative has withdrawn them.

The Veteran's appeals on asthma, allergies, and prostate disability were dismissed as the Veteran withdrew his appeal for asthma and service connection was granted for prostate disability.

The Veteran's respiratory disability, diagnosed as chronic bronchitis and chronic pneumonia, is shown to be related to his military service. The claim for asthma has been reopened due to the submission of new evidence linking it to service.

The Veteran's appeal for service connection for hearing loss has been withdrawn. The Board is dismissing this issue as there are no allegations of error in fact or law remaining for appellate consideration.

The Board granted the Veteran's claims for higher initial ratings for asthma, right upper extremity periostitis, left upper extremity periostitis, major depression with anxiety (psychiatric disability), and left knee strain with iliotibial band syndrome. The initial ratings were all increased to 30 percent.

The Board found that the Veteran does not have chronic fatigue syndrome, a respiratory disorder including asthma and bronchitis, or urinary incontinence. The diagnoses of these conditions were attributed to other underlying issues such as obstructive sleep apnea, depression, low back disorder, and high body mass index.

The Board has determined that the Veteran does not have a current diagnosis of asthma or any other lung disability caused by his pulmonary nodules, and therefore denied the claim for service connection.

The Board found no evidence to support the Veteran's claims of service connection for chronic respiratory disorder, back disability (to include scoliosis), and bilateral hip disability. The claim was denied as there is no clear and unmistakable evidence that these conditions pre-existed service or were aggravated by service.

The Veteran's asthma was aggravated during service, and her left knee disability is due to military service. The Board granted service connection for these conditions.

The VA has determined that the Veteran's asthma does not warrant a rating in excess of 30 percent, as her symptoms do not meet or approximate the criteria for higher ratings under the applicable diagnostic code.

The Board has determined that the Veteran's asthma and allergic rhinitis are related to his military service, with aggravation during active duty.

The Board denied the Veteran's claims of service connection for a chronic pulmonary disorder, sleep disorder, and disabling sinus condition due to direct service connection being established. The Veteran was exposed to asbestos during her naval service but her current diagnoses are not related to this exposure.

The Veteran's service-connected asthma with emphysema alone warrants a total disability evaluation based on individual unemployability.

The Veteran's service-connected disabilities are too numerous and severe to identify a feasible vocational goal, leading to the denial of his VR&E benefits.

The Veteran's asthma, hepatitis B, anal fissure, and eczema are all found to be service-connected. The sinus disorder and conjunctivitis claims are denied.

The Board found no clear and unmistakable error in the March 1985 rating decision that denied service connection for asthma and rhinitis.,The Veteran's claims of entitlement to compensation under 38 U.S.C. § 1151 for deviated septum, loss of smell secondary to service-connected rhinitis and surgery for a deviated septum, and loss of taste secondary to service-connected asthma and surgery for a deviated septum were also denied.

The Veteran's liver disability is denied, but he has a respiratory disability and skin disability that are found to be related to his active duty service. The Board gives the Veteran the benefit of the doubt in these cases.