Asthma decisions — 2016

The Board has remanded the case due to insufficient medical opinion regarding whether the Veteran's respiratory disability began in or is related to his active service, including consideration of symptoms during field exercises. Additional VA treatment records and a new medical opinion are needed.

The Veteran claims service connection for asthma, alleging exposure to mustard gas and Lewisite during basic training at Sheppard Air Force Base. The VA has not confirmed the Veteran's presence at this base or determined his alleged exposure.

The Board has determined that the Veteran's diagnosed COPD and asthma are not etiologically related to any incident of active service, including pneumonia during service. The preponderance of evidence is against the claim for service connection.

The Veteran's claims for increased evaluations, service connection, and compensation were denied. The claim of new and material evidence to reopen the malaria claim was also denied.

The Board has reopened the Veteran's claims for service connection for low back disability, asthma, and an acquired psychiatric disability (PTSD and anxiety), finding new and material evidence. The appeals are granted to this limited extent.

The Veteran's appeal includes claims for increased ratings and service connection for various conditions, including coronary artery disease, COPD, asthma, a spine disability, radiculopathy of the upper and lower extremities. The Board has remanded these issues due to missing VA treatment records.

The Veteran's asthma is service-connected and he was granted a non-compensable rating for left nephrolithiasis prior to January 16, 2015. A 10 percent rating has been assigned from that date.

The Board of Veterans' Appeals has remanded the case for additional development due to a misapplication of findings in a previous VA examination report and opinion.

The Veteran's claim for an effective date prior to August 12, 1991 for TDIU due to service-connected disabilities was denied as the evidence did not show he was unable to secure or follow a substantially gainful occupation by reason of his service-connected disabilities prior to that date.

The Board has determined that the Veteran's sinusitis, including rhinitis and bronchitis, was incurred during active service.

The Veteran argues that he is entitled to service connection for asthma due to CUE in the February 1970 rating decision, but the evidence does not support a finding of clear and unmistakable error.

The Veteran's TDIU claim for the period prior to December 19, 2006 was denied. For the period from December 19, 2006 to December 13, 2009, his combined disability ratings of bronchial asthma (60%) and low back condition (40%) met the schedular criteria for a TDIU.

The Board has determined that the Veteran does not have a current respiratory disorder, bilateral knee disability, or bilateral ankle disability. The claims for these conditions are therefore denied.

The Veteran's appeal is being remanded due to the need for additional development, including VA examinations and issuance of a Statement of the Case on the issue of service connection for primary hyperparathyroidism status post parathyroidectomy.

The Veteran's respiratory disability, including asthma and bronchitis, is being remanded for additional development as the VA examiners did not address whether it was aggravated by his service-connected allergic rhinitis.

The Veteran's asthma is currently rated at 30 percent, and the Board has remanded to determine if he should be granted a higher rating or TDIU.

The Veteran's respiratory disability, including hay fever and asthma, is presumed to be due to Agent Orange exposure. The Board finds that a VA examination is needed to determine the nature, severity, and cause of any respiratory disorders found to be present.

The Board denied service connection for asthma and sleep apnea, finding that there is no evidence of these conditions during service or due to a service-connected disability.

The Board found that the Veteran does not have a current diagnosis of a lung condition related to service, and thus denied his claim for service connection.,Regarding depression, the Board noted there is no medical evidence linking any current mental health condition with service. The Veteran's post-service treatment records show his later developed depression was due to work-related stressors.

The Veteran's respiratory disorder, claimed as asthma, is not service-connected due to lack of evidence showing a connection between her current condition and active military service.