Asthma decisions — 2015

The Veteran's service-connected disabilities do not render her unable to obtain or retain substantially gainful employment.

The Veteran's claim for a rating in excess of 30 percent for his service-connected pulmonary tuberculosis with residual chronic obstructive pulmonary disease and asthma has been denied. The appeal is not about service connection, but rather the evaluation of this condition.

The Veteran withdrew his appeal for service connection for asthma in a June 2015 written statement.

The Board has ordered a remand due to the need for issuance of a Statement of the Case (SOC) regarding all service connection claims.

The Board found that the evidence does not support a finding of service connection for PTSD, asthma, right knee disability, left knee disability, or back disability. The appellant's current psychiatric condition is diagnosed as schizoaffective disorder and preexisted his period of ACDUTRA service.

The Veteran's claim for an earlier effective date for dysthymic disorder was denied as the earliest date of claim subsequent to the May 1979 final rating decision denying entitlement to service connection for depressive neurosis is October 27, 1989.,The Veteran's claim for a higher initial rating for dysthymic disorder prior to October 27, 1989 was denied as there is no legal basis for an earlier effective date.

The Veteran's service-connected disabilities, including PTSD, asthma, left shoulder disorder, and other conditions, have rendered him unable to secure or follow a substantially gainful occupation. The Board finds that the criteria for TDIU are met.

The Board denied the Veteran's claims of entitlement to initial ratings in excess of 10 percent for asthma and hemorrhagic follicular cyst, as well as her claims for service connection for fibromyalgia, low back condition, bilateral leg/foot condition, residuals of a left elbow injury, and chest condition. The Board found that there was no evidence of chronic conditions or injuries during service that could be linked to the current disabilities.

All claims for service connection related to burns, kidney disorder, high cholesterol, positive tuberculosis test, enlarged prostate, erectile dysfunction, hemorrhoids, scars, anemia, and asthma have been denied. The Veteran's skin condition is not currently diagnosed.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claim for service connection due to a lack of clear and unmistakable evidence regarding his pre-existing asthma condition. The case will be remanded for further examination.

The Veteran's appeal includes claims for various conditions and disabilities, including increased ratings for lumbosacral strain and degenerative joint disease, service connection for PTSD, a bilateral knee and foot condition, depression, asthma, food poisoning, a gunshot wound to the left leg due to the right hand as secondary to bilateral hand condition, anxiety, a bilateral arm condition, a bilateral leg condition, a bilateral hand condition, hepatitis C, sleep apnea, urinary retention, and memory loss. The appeal is being remanded for scheduling a Travel Board hearing.

The Veteran's claim for service connection for COPD, Asthma, and bilateral hearing loss is granted. The claim for tinnitus is also granted.

The Board denied service connection for COPD, asthma, and chronic bronchitis, including as due to herbicide exposure (Agent Orange), finding that the evidence did not support a link between these conditions and service.

The Board found that the Veteran's current diagnosis of asthma is not related to her military service, and thus denied her claim for service connection.

The Veteran's breathing problems, including allergic rhinitis, asthma, and eosinophilic esophagitis, are related to service. The Board granted service connection for these conditions.

The Board has determined that the Veteran's current low back disorder, to include degenerative disc disease of the lumbosacral spine, is not related to his active service. The claims for bronchitis and asthma have been REMANDED as additional development is needed.

The Veteran's appeal is being remanded for additional development, including obtaining TRICARE records and scheduling VA examinations to assess the severity of his fibromyalgia and sleep apnea/asthma disabilities.

The Veteran's asthma is currently rated at 60 percent, but the evidence does not meet the criteria for a higher rating.

The Veteran's appeal is being remanded due to scheduling issues for a videoconference hearing before the Board of Veterans' Appeals. The claims related to bronchial asthma and sleep apnea are still pending.

The Board denied the Veteran's claims for higher initial ratings for asthma and bilateral plantar fasciitis, finding that her conditions did not warrant a rating in excess of the current 30 percent for asthma or a single 10 percent rating for each foot.