Asthma decisions — 2016

The Veteran's asthmatic bronchitis has been granted a 100% disability rating, effective from the date of this decision. The issue regarding reduction of compensation benefits due to incarceration remains unresolved.

The Veteran's asthma and cervical spine disability were not service connected, and the rating for his cervical spine disability was denied.

The Board has denied the Veteran's claims for service connection for a right calf disability, bilateral hip arthritis, and asthma. The appeals were reopened on new evidence but the preponderance of the evidence does not support the presence of current disabilities attributable to service.

The Board found no evidence of a chronic respiratory disability in service or for many years thereafter, and there is no competent evidence suggesting the current condition is related to service. Therefore, the Veteran's claims for asthma and COPD were denied.

The Veteran's asthma with COPD is rated at 100 percent effective February 11, 2013. Sleep apnea is found to be secondary to his service-connected asthma and COPD. Erectile dysfunction is not found to be related to or aggravated by the service-connected hypertension.

The Board finds that the Veteran does not have a current diagnosis of COPD and therefore denies his claim for service connection.

The Board found that there is clear and unmistakable evidence that the Veteran's asthma existed prior to service, and also found that it was not aggravated by his active military service. As a result, the claim for service connection for asthma was denied.

The Veteran's claims for service connection were denied as her conditions are not shown to be related to her military service.

The Board has determined that the Veteran's infection with parasites, reactive airway disease and asthma, and GERD are all service-connected due to their onset during his active duty in the Southwest Asia theater of operations.

The Veteran's claim for DEA benefits was denied because his service-connected disabilities did not meet the requirement of permanent and total disability. The RO proposed to reduce his 100 percent rating for depressive disorder, but a TDIU rating has been granted. The case is being remanded to determine if the current severity of his service-connected disabilities are reasonably certain to continue throughout his life.

The Veteran's claims of service connection for a respiratory disorder, including asthma and rhinitis, as well as migraine headaches, are being remanded due to the need for additional medical opinions.

The Veteran's asthma and hemorrhoids were found to have onset in service, warranting service connection. The cervical spine disability was rated at 10 percent based on forward flexion greater than 30 degrees but not greater than 40 degrees, with a combined range of motion greater than 170 degrees. Tension headaches are separately evaluated.

The Veteran's claims for a higher rating for low back strain with spondylolysis and service connection for a respiratory condition, to include asthma, are being remanded due to the need for additional examinations and development of evidence.

The Veteran's appeal is being remanded due to the failure of the RO to schedule a Travel Board hearing as directed in the May 2010 remand. The case will be returned to the Board for further appellate consideration after the scheduled hearing.

The Board has determined that the Veteran's claimed disabilities are not related to his service and have denied all of his claims.

The Veteran's appeal for increased ratings for asthma prior to October 30, 2009 and from that date was dismissed. The Board found no evidence of an earlier effective date due to the lack of a claim filed within one year before October 30, 2009.

The Veteran's claim for service connection for a respiratory disorder, including asthma, bronchitis, and COPD is being remanded due to the need for additional medical records and an examination.

The Board has remanded the Veteran's claims for service connection due to incomplete development and missing records. The claims will be returned to the AOJ for further action.

The Veteran's claim for a higher rating for asthma is being remanded due to the need for additional development, including addressing the use of corticosteroids and VA treatment records showing Mometasone.

The Veteran's chronic respiratory disabilities, including asthma, COPD, restrictive lung disease, and obstructive sleep apnea, were not incurred in or aggravated by service. The Board found no evidence linking these conditions to his military service.