Asthma decisions — 2016

The Veteran's claim for service connection for an upper respiratory disorder, including asthma and COPD due to exposure to depleted uranium, is being remanded as the Veteran did not appear at his scheduled hearing.

The Veteran's respiratory complaints have been attributed to reactive airway disease and asthma, which were not incurred in or aggravated by active service and are not causally related to service-connected disability.

The Board has determined that the Veteran's claim of entitlement to service connection for sleep apnea must be remanded due to incomplete records and need for a VA examination.

The Veteran's asthma was present in service and the Board finds that it is at least as likely as not incurred therein. The presumption of soundness has been rebutted.

The Veteran's appeals for service connection and increased ratings have been withdrawn. The issues of entitlement to an initial compensable rating for hemorrhoids, tinea pedis (athlete's foot), asthma, a disability manifested by chest pain, right knee patellofemoral pain syndrome, and bilateral plantar fasciitis are dismissed.

The Board has determined that additional development is needed for the Veteran's claims, including obtaining VA treatment records and clarifying medical opinions regarding his respiratory disorder and acne with scarring.

The Board has granted service connection for a thyroid disorder (non-toxic adenoma of the thyroid, euthyroid) and denied service connection for respiratory and left flank skin disorders based on exposure to radiation during military service.

The reduction in the evaluation for exercise-induced asthma from 60 percent to 30 percent was proper based on clear and unmistakable error (CUE) found with the March 2003 rating decision. The evidence at that time showed intermittent use of inhalational corticosteroids, which met the criteria for a 30 percent evaluation.

The Board has remanded the case for further development, including an addendum opinion from the VA examiner regarding whether COPD is caused or aggravated by service-connected asthma. The Veteran will also be provided notice on how to substantiate a claim for service connection on a secondary basis.

The Board has determined that the Veteran's current respiratory disability, including asthma and COPD, is not related to service. The evidence does not support a finding of in-service symptoms or treatment for these conditions.

The Veteran's appeal is being remanded for a Travel Board hearing. The issues include service connection for various respiratory and immune system conditions.

The Board found that the Veteran's asthma was noted at the time of entrance into active duty service and did not demonstrate permanent aggravation beyond its natural progression during service. Therefore, the claim for service connection for asthma is denied.

The Veteran's appeal is being remanded due to scheduling issues, and the case will be returned for further action.

The Board has determined that the Veteran's claimed psychiatric disorders, hallux valgus deformity of the left foot, right foot disability, bilateral glaucoma, asthma, and erectile dysfunction are not related to service. The claims for these conditions have been denied.

The Board denied the Veteran's claims for service connection for asthma and peripheral neuropathy of the bilateral lower extremities, both presumed to be related to herbicide exposure during his Vietnam-era service.

The Board denied an initial rating in excess of 50 percent for obstructive sleep apnea with bronchial asthma, but granted service connection and assigned a 50 percent rating effective March 30, 2011.

The Veteran's claims for an increased rating for bronchial asthma with sleep apnea and a compensable rating for bilateral pes planus were denied. The Board found that the medical evidence did not support higher ratings under the applicable schedular criteria.

The Board has remanded the case for additional medical opinions based on the Veteran's honorable period of service from January 29, 1985 to January 28, 1989. The claims are related to sarcoidosis and asthma.

The Board has determined that the Veteran's tinnitus was not incurred in or aggravated by service and is unrelated to any current disability. The claims for higher ratings for asthma, lumbar spine intervertebral disc syndrome with degenerative disc disease and arthritis, right lower extremity sciatic nerve impairment, left lower extremity sciatic nerve impairment, and bilateral foot sprain are denied.

The Board has denied the claims for service connection for bronchial asthma, back disorder, plantar wart of the right foot, hypertension, heart disorder, and tinnitus due to a finding that the character of discharge barred VA benefits. The remaining issues are being remanded.