Asthma decisions — 2016

The Board finds that the Veteran's chronic upper respiratory disorder, including asthma and bronchitis, is etiologically related to active service, including his diagnosis of bronchial pneumonia during service. The Board grants service connection for this condition.

The Veteran's TDIU claim is being remanded for additional development, including obtaining VA examinations to assess the impact of his service-connected disabilities on his employability. The RO will also consider whether he has submitted a completed VA Form 21-8940 and address any related issues.

The Veteran's asthma, GERD, migraines, and allergic rhinitis were not rated higher than 10 percent up to one year prior to her September 13, 2004 claim. The Board found the evidence did not meet criteria for a higher rating in this period.

The VA determined that the Veteran's current respiratory disorders, including asthma and asbestos-related pleural plaques, are not related to his military service, specifically his in-service exposure to asbestos. The Board found no evidence of a chronic disease during service or any link between the claimed conditions and service.

The Veteran's appeal is being remanded to obtain additional medical records and for a respiratory examination to determine the severity of his service-connected bronchial asthma.

The Veteran's service-connected disabilities meet the criteria for a TDIU, effective September 28, 2008.

The Veteran's low back disorder and lung disorder (including asthma and COPD) have been granted service connection, with the effective date being January 4, 2011 for the cervical spine strain and January 24, 2011 for the left upper extremity radiculopathy. The rating assigned is 20 percent for the cervical spine disorder.

The Board has decided to remand the case for further development, including obtaining additional VA treatment records and requesting an addendum from the November 2013 VA examiner regarding whether the appellant's respiratory disability was aggravated by his ACDUTRA service. The claim will be readjudicated after these actions.

The Veteran's lumbar spine disability is rated at 40 percent, and his asthma disability is rated at 30 percent. The combined service-connected disabilities meet the schedular percentage criteria for consideration of a TDIU rating.

The Board has decided to remand the case due to a hearing postponement and the need for service personnel records.

The Veteran's asthma with chronic bronchitis was rated as a 100 percent disability effective April 8, 2008.,VA also granted housebound SMC based on the Veteran's service-connected disabilities starting from April 8, 2008.

The Board denied the appellant's claims for accrued benefits, nonservice-connected death pension benefits, and service connection for cause of death due to lack of qualifying service.

The Veteran's claim for service connection for asthma is being remanded due to the need for additional examination and consideration of recent medical records.

The Veteran's appeal is being remanded due to the need for an SOC addressing his claims for a compensable evaluation for residuals of a traumatic brain injury, an increased evaluation for bronchial asthma, and entitlement to TDIU.

The Board has determined that the evidence is at least in relative equipoise as to whether the Veteran's service-connected bronchial asthma contributed substantially or materially to cause his death. Therefore, service connection for the cause of the Veteran's death is granted.

The Veteran's asthma/bronchitis was rated at 60 percent from October 9, 2007 to September 25, 2008. From September 26, 2008, he is rated at 100 percent for chronic bronchitis due to his sarcoidosis.

The Board finds that the Veteran's respiratory disability did not have its onset in service, is not related to asbestos or herbicide exposure, and is not otherwise related to service. Therefore, the claim for service connection for a respiratory disability has been denied.

The Veteran's claim for service connection for asthma and fibromyalgia has been granted. The Board finds that the evidence supports a finding of direct service connection for these conditions.

The Board has determined that the Veteran's service-connected asthma contributed to his death from cardiorespiratory arrest due to an acute myocardial infarction and coronary artery disease, with significant contributing conditions of congestive heart failure and respiratory failure. As a result, the appeal for service connection for the cause of the Veteran's death is granted.

The Board has decided to remand the case due to the need for additional development, including obtaining medical records and scheduling a VA examination.