Asthma decisions — 2016

The Veteran's service connection claim for ischemic heart disease is granted due to presumed exposure to herbicides in Vietnam. The claim for asthma remains pending and requires additional development.

The Veteran's bronchial asthma and obstructive sleep apnea are rated as a single disability due to the regulatory prohibition against separate ratings for these conditions. The current combined rating of 60 percent is appropriate.

The Board denied the Veteran's claims for separate disability ratings for obstructive sleep apnea and asthma, finding that they are rated under a single 50 percent disability rating assigned pursuant to Diagnostic Code 6847. The Board also found that the Veteran's asthma is the predominant respiratory disability.

The Veteran requested to withdraw her appeal, and the Board has dismissed it.

The Veteran withdrew his appeal regarding the validity of a debt of $3570.00 resulting from overpayment of VA pension benefits.

The Veteran asserts that his respiratory disability, including pharyngitis, sinusitis, asthma, and COPD, is related to service exposure to chloropicrin gas during riot control operations in Japan. The case is being remanded for a VA examination to determine the etiology of these disabilities.

The Veteran's appeal is being remanded for further development, including obtaining VA treatment records and scheduling a VA examination to address her lumbar spine disability and bronchial asthma with BOOP.

The Board found that the Veteran did not have in-service herbicide exposure and his claimed lung/respiratory disabilities are not related to service, including as due to herbicide exposure.

The Board finds that the Veteran's asthma pre-existed his period of active service and was not aggravated by such service. Therefore, the claim for service connection is denied.

The Veteran is seeking service connection for asthma. The Board has remanded the case due to insufficient explanation in the March 2015 VA examination regarding whether the Veteran's current asthma was worse than his pre-service condition and the treatment records reflecting hospitalization.

The Board has reopened the claim of service connection for asthma and granted it on de novo review. The evidence shows that the Veteran had a history of asthma prior to his military service, but he experienced significant exacerbations during service which led to hospitalizations and emergency room visits. The Board finds that there is clear and unmistakable evidence showing pre-existing asthma, but also new and material evidence suggesting aggravation by service.

The Board has determined that the Veteran's COPD is related to his service exposure to asbestos and lead paint, and thus grants service connection for COPD.

The Board found that the Veteran's asthma pre-existed her third period of active duty service and did not undergo an increase in severity during service. Therefore, the claim for service connection was denied.

The Veteran's claims for service connection for migraine headaches and asthma have been withdrawn.,Service connection has been granted for a low back disability, claimed as low back pain, and a right shoulder strain.

The Veteran's claim for an increased disability rating in excess of 60 percent for service-connected bronchial asthma is being remanded due to the need for a new VA examination and the provision of recent VA treatment records.

The Board found that the Veteran's bronchial asthma did not meet the criteria for service connection and denied the claim.

The Board has remanded the case for additional development, including obtaining evidence of exposure to toxic chemicals while stationed at Fort McClellan in 1972 and determining whether service connection can be established based on direct service connection or a relationship between the Veteran's respiratory disorders and her military service.

The Veteran's discharge from active service was due to a service-connected disability (asthma), thus qualifying him for Post-9/11 GI Bill benefits at the maximum rate of 100 percent.

The Board finds that the Veteran's current asthma is at least as likely as not related to his period of active military service, and grants service connection for this condition.

The Veteran's current pulmonary disorder, including asthma and emphysema, was incurred during service.