Asthma decisions — 2016

The Board has remanded the case for additional development, including obtaining updated treatment records and scheduling a VA respiratory examination to determine the nature and etiology of the Veteran's sleep apnea.

The Veteran is seeking an effective date prior to April 11, 2009, for the award of a 30 percent rating for bronchial asthma. The Board has remanded this case due to the need to adjudicate whether there was clear and unmistakable error (CUE) in the April 2003 rating decision that granted service connection for bronchial asthma with an initial 10 percent rating, effective April 1, 2001.

The Board has determined that asthma was incurred in service and granted the Veteran's claim for service connection.

The Veteran's asthma is found to have preexisted service and was not aggravated by military service. Service connection for asthma is therefore denied.,COPD did not manifest during or as a result of active military service, and the Veteran does not meet the criteria for service connection on any basis.

The Board finds that March 23, 2006 is the correct effective date for the award of service connection for prostate cancer because there is no evidence showing an earlier claim. The Veteran's psychiatric disability and asthma claims are remanded for additional development.

The Board denied service connection for bilateral hearing loss disability, asthma, and status-post thyroid cancer. The nerve disorder of the face issue is addressed in a separate remand.

The Board has granted an effective date of February 1, 2001 for the grant of service connection and a 50 percent disability rating for sleep apnea. The Veteran's underlying asthma was rated separately.

The Board denied the Veteran's claims of service connection for allergic rhinitis, a respiratory disorder including chronic bronchitis and asthma, and an acquired psychiatric disorder. The evidence did not support finding that these conditions were incurred or aggravated by military service.

The Veteran's asthma was not incurred in or aggravated by service. A 50 percent disability rating for right ear hearing loss effective from October 26, 2007, to May 27, 2014 is granted.

The Board has determined that the Veteran's chronic respiratory disorder, including asthma, is at least as likely as not related to his military service and grants service connection for this condition.

The Board has found that the preponderance of evidence is against finding a connection between the Veteran's current conditions and his in-service meningitis, flu vaccines, or lead exposure. The Veteran's service treatment records show he had acute aseptic meningitis in 1959, which resolved without residual effects. The VA examiners have found no lasting residuals from this condition.

The Board has denied the Veteran's claims for service connection for asthma, a low back disorder, and a bilateral lower extremity neurologic disorder. The evidence does not support a finding that any of these conditions are related to service.

The Veteran's appeal is being remanded for additional development to address the nature of his claimed disabilities and their relationship to service, including as due to an undiagnosed illness.

The Veteran's claims for service connection for asthma and a higher rating for bilateral hearing loss are being remanded due to the need to obtain additional medical records, provide an updated VA examination, and consider new evidence.

The Veteran's appeal is being remanded for further development of his service connection claims, including obtaining additional medical records and providing addendum opinions from the VA examiner.

The Board has remanded the case for additional development, including obtaining SSA records and VA examinations.

The Board has ordered additional examinations and opinions to determine the relationship between the Veteran's respiratory and cardiovascular disabilities, including COPD, asthma, and cardiovascular disease, and his service in Vietnam. The claims are being remanded for further development.

The Veteran's claim for a rating in excess of 50 percent for his respiratory disorders, including sleep apnea, asthma, bronchitis and COPD, is being remanded due to the need for additional development. His TDIU claim is also being remanded as it is intertwined with his increased rating claim.

The Veteran's asthma was rated at 30 percent prior to September 8, 2014. His sleep apnea is considered secondary to his service-connected asthma and has been granted.

The Veteran's bronchial asthma was rated at 30 percent prior to October 9, 2009 and upgraded to 100 percent thereafter.