Asthma decisions — 2016

The Veteran's appeal is being remanded for additional development, including obtaining an addendum opinion regarding the onset of his asthma and sleep apnea. Additionally, a supplemental statement of the case must be issued with respect to the issue of entitlement to an initial rating in excess of 50 percent for PTSD.

The Board has remanded the case for additional development due to inadequate medical opinions and further consideration of the issues.

The Board has determined that there was clear and unmistakable error in the October 5, 2004 rating decision which granted service connection for asthma. The effective date is now set at July 9, 1998.

The Board has determined that further development of the record is needed before a final decision can be made on the Veteran's claims for service connection and increased rating.

The Veteran's respiratory disease with asthma was rated at 100% since September 15, 2011. Prior to that date, the condition did not meet criteria for a higher rating under Diagnostic Code 6602. The Veteran's chronic rhinosinusitis with nasal polyps warranted a separate 30% evaluation.

The Veteran's appeal was denied as his bronchial asthma did not meet the criteria for a rating in excess of 30 percent. The issues of service connection for fibromyalgia and chronic fatigue syndrome are addressed in the REMAND portion.

The Board has determined that the Veteran's current respiratory disabilities, including BOOP, COPD, and asthma, did not have their clinical onset in service or for many years thereafter and are not otherwise related to service or a service-connected disability. Therefore, the claim for service connection is denied.

The Veteran's asthma/COPD and hypertension have been rated based on their severity, with the initial rating for COPD being granted at 30 percent. The Veteran's hypertension has not met the criteria for a compensable rating prior to July 21, 2009, and is currently rated as noncompensable.

The Veteran's asthma, later diagnosed as COPD, was rated at 30 percent from November 20, 2011 to February 17, 2015. Service connection for tinnitus and chronic fatigue syndrome (CFS) were granted.

The Veteran claims service connection for a respiratory disorder, including asbestosis. The VA has not completed the necessary investigation to verify his claimed asbestos exposure and has not obtained all relevant medical records. A remand is required to investigate the Veteran's exposure history and obtain any outstanding treatment records.

The Veteran's claim for service connection for peripheral vascular disease was denied, and his claim for TDIU benefits was also denied as the evidence did not show he is unable to secure or follow a substantially gainful occupation due to his service-connected disabilities.

The Board found that the Veteran's respiratory disorder, including COPD and asthma, was not etiologically related to his military service or exposure to Project SHAD. The claim for service connection is denied.

The Board has remanded the case for further development and to issue a Statement of the Case regarding both issues.

The Veteran's lung conditions, including asthma and sleep apnea, are presumed to have been incurred during service. The heart condition is also presumed to be related to service.

The Veteran's asthma disability is presumed to have existed prior to service and was not aggravated by service. The Board denied the remaining claims for service connection.

The Veteran's claim for service connection for asthma is being remanded due to the need for a VA examination and additional development of his medical records.

The Board has determined that the Veteran's COPD and asthma are service-connected due to herbicide exposure during his active duty in Vietnam.

The Board denied service connection for flat feet, asthma, stomach disability, left ear hearing loss, right kidney disorder, and an acquired psychiatric disorder. The Veteran's conditions were not shown to be incurred or aggravated by military service.

The Board has reopened the Veteran's claims for service connection for systemic lupus, a respiratory disability (claimed as asthma and bronchitis), swallowing difficulty, and gastric/stomach ulcers. However, the Board denied these claims as there is no evidence of record showing that any of these conditions are related to active military service or exposure to contaminated water at Camp Lejeune.

The Veteran's claims for service connection for bilateral hearing loss and a respiratory disability other than pulmonary tuberculosis, to include chronic obstructive pulmonary disease, pulmonary emphysema, or severe asthma are being remanded due to the need for additional development of his medical records.