Asthma decisions — 2015

The Board has remanded the case for issuance of an SOC on the issue of entitlement to attorney fees from past due benefits, including notification of the need to file a substantive appeal.

The Veteran's asthma was found to have been incurred in or aggravated by his active service. The claim for high blood pressure is pending and the claim for inadequate personality (claimed as nervous condition) is not about service connection at all.

The Veteran's appeal is remanded due to the need for a new VA examination and consideration of his recent treatment records, including those from May 2013. The Veteran may be entitled to an increased rating for his service-connected asthma.

The Board has determined that the Veteran's current asthma is not related to service, and thus denied his claim for service connection.

The Board has determined that the Veteran's COPD, asthma, and bronchitis are related to his in-service asbestos exposure. Service connection is granted for these conditions.

The Veteran's hypertension is found to be a chronic disability that manifested within one year of discharge from active service, meeting the criteria for service connection. The claims for asthma, left knee and left foot disabilities are remanded for further development.

The Veteran's service-connected asthma has been granted an initial rating of 60 percent and TDIU benefits have also been granted.

The Veteran's appeal involves multiple service-connected disabilities, including psychiatric disability, asthma, hemorrhoids, Morton's neuroma, sinusitis, hypertension, right and left shoulder disabilities, a right knee disability, otitis media, rhinitis, costochondritis, GERD, headaches, and left testicle epididymitis. The Veteran does not have hearing loss as defined by VA regulations.

The Board denied the Veteran's claims of service connection for various conditions, including asthma, lip cancer, cervical spine disability, generalized arthritis, right shoulder disability, left shoulder disability, peripheral neuropathy of the upper extremities, and sinus disability. The reasons given were that there was no evidence linking these conditions to active duty service.

The Veteran seeks service connection for a respiratory disorder, including asthma and sarcoidosis. The Board has determined that additional development is needed to obtain complete medical records and to provide the Veteran with an examination to determine if his current respiratory disorders are related to his military service.

The Board has determined that the Veteran's current right knee disability and respiratory disorder are service connected, with a focus on whether these conditions are secondary to in-service events or injuries.

The Veteran's service connection claims for sleep apnea, hypertension, BPH, symptomatic bradycardia with pacemaker, asthma, bilateral hearing loss, and tinnitus have been granted.,Service connection is established for bilateral hearing loss due to acoustic trauma during service.

The Board has granted service connection for sleep apnea as secondary to the Veteran's service-connected sinusitis. The issue of service connection for a respiratory disability (asthma) is addressed in the REMAND portion and is REMANDED.

The Board has granted the Veteran's requests to reopen his claims of service connection for asthma and psoriasis claimed as lesions, based on new evidence related to radiation exposure during active service.

The Board has determined that the Veteran did not incur a lung disability during service or as a result of service, and there is no evidence to support his claim for left ankle disability. The claims have been withdrawn by the Veteran.

The Board has determined that the Veteran's current respiratory disability, diagnosed as irritable airway syndrome, reactive airway disease, and asthma, is more likely than not related to exposure to an irritant during his service in Vietnam.

The Veteran's appeal is being remanded due to her failure to appear at a previously scheduled hearing. The case will be rescheduled for another Board hearing.

The Veteran's February 2, 2006, VA Form 9 was timely filed, perfecting an appeal of the May 2004 rating decision that denied increased ratings for traumatic arthritis of the left ankle and service connection for obesity, hernia, asthma, bilateral knee condition, endometriosis (also claimed as a disability manifested by a female bleeding disorder and PCOS).

The Board found that the Veteran's sleep apnea was not incurred in or aggravated by his military service and is not proximately due to or the result of a service-connected disability.

The Veteran's appeal is being remanded for additional examinations to clarify the nature and onset of his claimed psychiatric and respiratory disabilities, as well as any relationship to service. The examinations will also determine if there was chemical exposure in service.