Asthma decisions — 2016

The Veteran's claim for service connection for a lung disease, including asbestosis and exposure to environmental hazards such as asbestos and jet fuel, is being remanded due to the need for further examination and development of records.

The Board has denied the Veteran's claims for service connection for a throat condition, asthma, and glaucoma due to alleged mustard gas exposure in service. The new evidence submitted does not provide sufficient material evidence to support these claims.

The Veteran's claims for service connection for bronchial disability (to include asthma) and seizure disorder are being remanded due to the need for additional medical examinations.

The Veteran's service-connected focal colitis is rated at 30 percent, effective April 1, 2005. The Board finds that the criteria for an extraschedular evaluation have not been met.,The Veteran's service-connected asthma has been rated as 30 percent disabling prior to September 14, 2007 and is currently rated at 30 percent thereafter. The Board finds that the criteria for a higher rating are not met.

The Veteran's appeals for increased ratings and service connection are being remanded due to the need for additional development.,The Veteran's diabetes mellitus appeal is being remanded as records from Sierra Endocrine Associates may support his claim for an increase in disability rating.,The Veteran's left knee arthritis appeal is being remanded to determine if there has been any worsening of symptoms since the last VA examination in October 2007.,The Veteran's right little finger and right knee disabilities are being remanded as evidence may support a secondary service connection claim.,The Veteran's TDIU appeal is being remanded due to the need for additional development regarding his other appeals.

The Board found that the Veteran's respiratory conditions, including asthma, COPD, and bronchitis, did not manifest during service and are not shown to be causally or etiologically related to any disease, injury, or incident in service.

The Board has determined that the Veteran does not have a current nasal disability and therefore, service connection for residuals of trauma to the nose is denied. For his lung disorder claimed as bronchial pneumonia, the evidence does not support direct service connection but also fails to establish any other theory of service connection such as secondary or presumptive due to Agent Orange exposure.

The Veteran's bronchial asthma has been rated at 30 percent since August 25, 2010. The evidence does not show that the disability meets or approximates the criteria for a higher rating.

The Board denied service connection for respiratory problems, asthma, and obstructive sleep apnea. The Veteran's respiratory disability is not considered a qualifying chronic disability under 38 C.F.R. § 3.317 due to lack of evidence of undiagnosed illness or chronicity during active service. Service connection was also denied for obstructive sleep apnea as it is not proximately due to or the result of a service-connected disability.

The Veteran's appeal has been dismissed due to his death. No service connection decisions were made.

The Board has determined that the Veteran's obstructive sleep apnea is related to service and grants service connection for this condition.

The Board finds that the Veteran's current respiratory disabilities, including bronchitis, pharyngitis, upper respiratory infection, and asthma, are service-connected as they are related to his active military service.

The Board has remanded the case for additional development due to conflicting medical opinions and a need for new VA examination.

The Veteran's claim for service connection for a respiratory disorder, claimed as a breathing condition, is being remanded due to the need for additional development including obtaining updated VA treatment records and an addendum opinion from the August 2012 VA examiner.

The Veteran's bronchial asthma is currently rated at 30 percent, which does not meet the criteria for a higher rating. The Board finds that his service-connected disabilities do not render him unemployable as he has been able to maintain employment in the past and can perform other less demanding work.

The Board has remanded the case due to the need for additional examinations and consideration of new evidence.

The Board has granted the Veteran's claims for reopening his claim of service connection for asthma and finding that it is at least as likely as not that he has a chronic respiratory disorder characterized as asthma that had its onset during military service. The other issues remain unresolved.

The Board has determined that the Veteran's respiratory disability is secondary to his service-connected non-Hodgkin's lymphoma and grants service connection for this condition. The Veteran's non-Hodgkin's lymphoma, which was in remission at the time of the appeal, does not warrant a compensable rating.

The Veteran's claim for service connection for PTSD was granted effective from June 1, 2014. The earlier submitted evidence during the one-year period after the April 2010 rating decision is considered part of the pending original claim received on June 15, 2009.

The Veteran's claim for service connection for a chronic respiratory disorder, including Aspergillosis, asthma, sinusitis and allergies, to include as due to asbestos exposure is being remanded for additional development.