Asthma decisions — 2016

The Board finds that the Veteran does not meet the criteria for service connection for a lung condition to include pleuritic lung disorder, asthma, and chest pain and trauma. The Veteran's thoracolumbar back disorder is also denied as there is no evidence of an in-service injury or disease that could be related to any of the claimed disabilities.

The Veteran's claims for service connection for COPD, diabetes mellitus type II, and hypertension have been denied as there is no current diagnosis of COPD. The Veteran's asthma has also not improved to warrant a higher rating.

The Veteran's appeal is being remanded for further development, including scheduling a video hearing closer to his home address in Marion, Illinois.

The Board denied the Veteran's claims for service connection for bronchial asthma and a lung disorder other than bronchial asthma, finding that there was clear and unmistakable evidence that these conditions preexisted service. The VA examiner concluded that any increase in symptoms during service did not constitute permanent aggravation.

The Veteran's appeal is being remanded to obtain additional medical evidence and determine the appropriate rating for his service-connected asthma.

The Board has remanded the issues of service connection for epistaxis/nose bleeds, bilateral hearing loss, arthritis (unspecified), painful joints (unspecified), asthma, Bell's palsy, and vision loss. The TDIU rating issue is also being remanded.

The Veteran's current respiratory disabilities of COPD, asthma, and pleural scarring/nodules are due to in-service use of tobacco products and were manifest during service. The Board finds that the criteria for service connection have been met.

The Veteran's asthma was rated at 30 percent since November 2, 2007. The Board found that from May 12, 2009 to November 30, 2010, the criteria for a 60 percent rating were met due to her need for intermittent (at least three per year) courses of systemic corticosteroids. From November 2, 2007 to May 11, 2009 and since December 1, 2010, the criteria did not meet for a higher rating.

The Veteran's claim for service connection for asthma is being remanded due to the need for an adequate VA examination and opinion regarding the etiology of his respiratory disorder, including exposure to in-service toxins. Additional treatment records are also needed.

The Board denied an extraschedular rating for asthma, finding that the existing schedular rating of 60% adequately compensates the Veteran's disability.

The VA medical examiner found no connection between the Veteran's current asthma and sinusitis or pansinusitis and her service in Iraq, attributing them to pre-existing conditions.

The Board denied service connection for an acquired psychiatric disorder, asthma, skin cancer of the head, back, and face, knot on left shin, and Meniere's disease and/or vertigo (secondary to service-connected bilateral hearing loss and/or tinnitus).

The Veteran's increased rating claim for right wrist disability is granted, with a noncompensable evaluation.,The Veteran's compensable scars from the right leg are maintained. The current evidence does not support an increase in the rating.,New and material evidence has been received to reopen service connection for PTSD and left ankle disorder. These claims are remanded for further review.,Service connection is granted for PTSD, trichotillomania, and asthma due to Agent Orange exposure and smoke inhalation.,The Veteran's heart condition and spinal disorder have not been established as service-connected.,The Veteran's dental disorders do not meet the criteria for service connection.

The Veteran's bronchial asthma was rated at 100% from January 6, 2009 to May 8, 2009. From May 9, 2009 to March 11, 2014, the rating was changed to 60%. The Veteran's bronchial asthma is currently rated at 100% from December 30, 2013.

The Veteran's claim of service connection for bronchial asthma with sleep apnea was denied in January 2001. The claim was reopened and granted effective January 25, 2012.

The Veteran's appeals have been dismissed due to his death. The Board has no jurisdiction to adjudicate the merits of these claims at this time.

The Board denied the Veteran's claims for nonservice-connected pension, service connection for asthma and pilonidal cystectomy scar, buttocks (claimed as anal canal condition), early menopause, and a higher initial rating for her left axilla scar. The decision also noted that she was not entitled to nonservice-connected pension benefits due to her discharge under other than honorable conditions.

The Board has reopened the Veteran's claim for service connection of asthma and COPD, finding that new medical opinions support a link to asbestos exposure in service. As such, the claim is granted.

The Board has determined that the appellant's COPD and Asthma are not service-connected, as they were likely caused by his smoking history rather than any in-service events or conditions. The preexisting asthma is also not considered to have been aggravated during ACDUTRA service.

The Board has ordered additional development to obtain VA treatment records and ensure all duty to assist requirements have been met. The Veteran's claims for service connection for asthma, lumbar spine disorder, bilateral knee disorders, left leg disorder, and left hip disorder are being remanded.