Asthma decisions — 2016

The Veteran's claim for service connection for a respiratory condition, including as due to exposure to chemical, biological, radiological, nuclear, and explosive agents (CBRNE), is being remanded for further development.

The Veteran seeks service connection for obstructive lung disease, including COPD and bronchial asthma. The Board has determined that remand is necessary to obtain a medical opinion regarding whether the pre-existing asthma was aggravated by service.

The Board finds that the evidence is at least in equipoise as to whether the Veteran's emphysema, COPD, and asthma were incurred during his active service. Service connection for these conditions is granted.

The Veteran's death was not caused by any service-connected disability, and he did not have qualifying service. Therefore, the claim for DIC benefits is denied. The appellant does not qualify for survivor's pension or accrued benefits as there were no compensation claims due at the time of his death.

The Board denied the Veteran's claims of entitlement to service connection for vision disorder, low back disorder, asthma, and hypertension. The Board found no evidence of a superimposed disease or injury related to refractive error of the eyes during service, and there is no competent evidence linking any other eye disability to active service. For the low back disorder, the Board noted that arthritis was not shown within one year after discharge from service, and there is no credible evidence of continuity of symptomatology for a low back disorder. Service connection was denied.

The Veteran's claim for service connection for asthma has been reopened and granted. The Veteran is currently rated at 50 percent for sinusitis and pansinusitis, the maximum rating allowed under Diagnostic Code 6510. A separate 10 percent rating for allergic rhinitis was granted effective December 8, 2015.

The Board has determined that the Veteran's claimed acquired psychiatric disorder and respiratory disorders did not manifest during service or within one year of separation, and there is no evidence linking these conditions to his military service. The claims for service connection are therefore denied.

The Board has determined that the Veteran's metastatic salivary carcinoma and cervical vertebra removal are service-connected. The asthma claim is remanded for additional development.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there was no evidence of its onset during service or a causal relationship to his service-connected asthma.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Veteran's claim for an increased rating for service-connected asthma is being remanded due to the failure of the Veteran to show for scheduled VA examinations and a hearing, and unclear notification issues.

The Veteran's COPD was initially rated at 10% prior to October 25, 2007 and increased to 30% thereafter. The claim is granted for the period prior to October 25, 2007 but denied on and after that date.

The Veteran's hip disabilities have not met the criteria for higher ratings at any point since May 1, 2010. The VA has denied all claims of increased disability ratings.

The Veteran's asthma was not related to service, including his presumed herbicide exposure in Vietnam.,Service connection for bilateral hearing loss and tinnitus is denied as new evidence did not relate the conditions to service.

The Veteran does not have a respiratory disability that was caused by his service, beyond pulmonary tuberculosis.

The Board denied the Veteran's claims for service connection for various conditions, including right ear hearing loss, left shoulder disability, lower respiratory disease, gastrointestinal disability, and headache disability. The appeals were remanded multiple times but ultimately denied.

The Veteran's asthmatic bronchitis is rated at 100 percent, effective September 2006. The issue of entitlement to a TDIU is rendered moot as the Veteran is already in receipt of a 100 percent schedular rating for his service-connected condition.

The Board denied the Veteran's claim for service connection for a chronic respiratory disorder, claimed as asthma, finding that her current diagnosis of asthma was not related to her military service.

The Board has determined that the Veteran's asthma pre-existed his service and was not aggravated by it. Therefore, the claim for service connection is denied.

The Board is remanding the claim for additional development, including obtaining medical records and scheduling a VA examination to determine if any respiratory disorder, including asthma, is etiologically related to service exposure to asbestos.