Asthma decisions — 2015

The Veteran's seborrheic dermatitis has been rated at 10 percent since November 27, 2008. The Board finds that a higher rating is not warranted as the condition affects greater than five percent but less than 20 percent of exposed areas and no systemic therapy was indicated.,The Veteran's hiatal hernia with esophageal reflux and epigastric pain has been rated at 30 percent since November 27, 2008. The Board finds that a higher rating is not warranted as the condition manifests persistently recurrent epigastric distress with dysphagia, heartburn, arm pain, nausea, vomiting and digestive pain.,The Veteran's bronchitis is considered part of his already service-connected COPD and thus cannot be rated separately. The Board finds that a higher rating is not warranted as the condition does not meet the criteria for a separate disability.,There is no evidence of chronic pneumonia at any point during the pendency of this appeal. The Board finds that a higher rating is not warranted as there is no indication of such an issue.,Hyperlipidemia was not considered a service-connected disability and thus cannot be rated. The Board finds that a higher rating is not warranted as hyperlipidemia is merely a laboratory finding.,The Veteran's hypertension has been rated at 10 percent since November 27, 2008. The Board finds that a higher rating is not warranted as there is no evidence of such an issue attributable to service or service-connected disease.,The Veteran does not have a gastrointestinal disability other than hiatal hernia with esophageal reflux and epigastric pain attributable to service. The Board finds that a higher rating is not warranted as the condition has been rated at 30 percent since November 27, 2008.,Allergic broncho-pulmonary aspergillosis was not considered a service-connected disability and thus cannot be rated. The Board finds that a higher rating is not warranted as there is no evidence of such an issue attributable to service or service-connected disease.,The May 1976 decision denying entitlement to service connection for plantar warts did not contain an outcome determinative error in applying the law extant at that time to the facts that were before the adjudicator. The Board finds that a higher rating is not warranted as there was no evidence of such an issue attributable to service or service-connected disease.,The May 1976 decision denying entitlement to service connection for varicose veins did not contain an outcome determinative error in applying the law extant at that time to the facts that were before the adjudicator. The Board finds that a higher rating is not warranted as there was no evidence of such an issue attributable to service or service-connected disease.,The May 1976 decision denying a rating in excess of 10 percent for asthma did not contain an outcome determinative error in applying the law extant at that time to the facts that were before the adjudicator. The Board finds that a higher rating is not warranted as there was no evidence of such an issue attributable to service or service-connected disease.

The Board has determined that the Veteran's current acquired psychiatric disorder is connected to service, and thus grants service connection for this condition. The issues of asthma and right knee disability are remanded for further development.

The Veteran's hypertension, diabetes mellitus, hypothyroidism, asthma, and high cholesterol were not shown to be related to his military service.,Service connection was denied for all claimed conditions.

The Veteran's TDIU claim is being remanded for additional development, including a new VA examination by a vocational rehabilitation specialist to assess the combined effects of his service-connected disabilities on his employability.

The Board has denied the Veteran's claims for service connection for bilateral hearing loss disability, hepatitis C, and a lung condition due to lack of evidence establishing a nexus between these conditions and his military service.

The Veteran's bronchial asthma has been rated at 30 percent since the initial rating decision. The Board found that his condition warrants a higher rating to 60 percent, based on FEV-1 and FEV-1/FVC levels.

The Veteran's thoracic spine disorder is granted as secondary to her service-connected lumbar strain. Her asthma and psychiatric disorders are not addressed in this decision.

The Veteran's appeal is being remanded for additional development, including obtaining his VA vocational rehabilitation file and Social Security Administration records. The issue of two separate compensable ratings for bilateral radiculopathy from the service-connected degenerative disc disease of the lumbar spine has also been raised and must be addressed first.

The Board finds that the Veteran's emergency room visit was for an acute medical condition, and affords her the benefit of doubt in finding a prudent layperson would have reasonably expected delay in seeking immediate medical attention to be hazardous. Therefore, payment or reimbursement is granted.

The Veteran's appeal is being remanded for further development, including obtaining updated medical records and scheduling VA examinations to assess the severity of his service-connected disabilities.

The Board has vacated its previous decision and denied the Veteran's claims of service connection for respiratory disability to include COPD and asthma, as well as his claim for a right hip disorder. The diagnoses prior to death included COPD and asthma, but no evidence was found linking these conditions to service or any service-connected disabilities.

The Veteran's left wrist disability is due to his service-connected right ankle disability and has been granted.,The Veteran's right leg disability is also due to his service-connected right ankle disability and has been granted.,For the period prior to November 2, 2012, a 50 percent rating for depressive disorder has been granted. For the period since November 2, 2012, a higher rating is not warranted.,A 50 percent rating for migraine headaches has been granted.,For the period prior to November 5, 2012, a 10 percent rating for asthma has been granted. For the period since November 5, 2012, a higher rating is not warranted.,A 30 percent rating for TMJ disorder based on limitation of motion has been granted. A higher rating is not warranted.,For all periods under appeal, a 20 percent rating for TMJ disorder based on unilateral loss of whole or part of ramus involving loss of temporomandibular articulation has been granted.,A 20 percent rating for the right ankle disability has been granted. A higher rating is not warranted.,For all periods under appeal, a 10 percent rating for the lumbar spine disability has been granted. A higher rating is not warranted.,For all periods under appeal, a 10 percent rating for the right knee disability has been granted. A higher rating is not warranted.,For all periods under appeal, a 10 percent rating for the left knee disability has been granted. A higher rating is not warranted.,A 10 percent rating for the right carpal tunnel syndrome has been granted. A higher rating is not warranted.,A 10 percent rating for the right lower extremity neuropathy has been granted. A higher rating is not warranted.,For the period prior to December 13, 2012, a 10 percent rating for GERD has been granted. For the period since December 13, 2012, a higher rating is not warranted.,For all periods under appeal, a 10 percent rating for the left ankle disability has been granted. A higher rating is not warranted.,For all periods under appeal, a 10 percent rating for sinusitis has been granted. A higher rating is not warranted.

The Veteran's claims for service connection for sick sinus syndrome with pacemaker, hypertensive heart disease, and asthma are being remanded due to the need for additional development including obtaining medical records and scheduling a VA examination.

The Board has granted service connection for a chronic respiratory disorder, finding that new and material evidence was received to reopen the claim. The Veteran's symptoms are attributed to known clinical diagnoses of allergic rhinitis and sinusitis, and it is at least as likely as not that her chronic respiratory disorder had its onset during military service.

The Veteran's appeal is being remanded for additional development, including new VA examinations and consideration of the medical records from Fort Leonard Wood submitted by the Veteran.

The Veteran is currently in receipt of SMC at the rate equal to subsection (m) based on the loss of use of both legs due to service-connected peripheral neuropathy of the bilateral lower extremities with additional disability (service-connected bronchial asthma) independently ratable as 100 percent disabling from August 20, 2009. The Veteran's claims for higher levels of SMC under 38 C.F.R. � 3.350(f)(3) and 38 U.S.C.A. � 1114(o) have been denied.

The Board found that the additional evidence received subsequent to the September 2009 decision did not raise a reasonable possibility of substantiating the claim for service connection due to asthma, as it was less likely than not related to service.

The Board has determined that the Veteran's asthma, back disability, and left hip disability are related to service. The claims for these conditions have been granted.

The Board has restored the Veteran's special monthly compensation (SMC) based on the need for regular aid and attendance (A&A), effective March 1, 2008. The RO found that the Veteran's service-connected diabetes-related bilateral peripheral neuropathy necessitated A&A for bathing, dressing, shopping, and chores.

The Board has remanded the case due to outstanding VA treatment records and a need for an examination to determine if the Veteran's claimed conditions are related to service.