Asthma decisions — 2017

The Veteran claims service connection for respiratory disorders, including asthma and COPD. The case is being remanded to obtain additional medical opinions regarding the etiology of his respiratory conditions.

The Veteran's appeal is being remanded for a videoconference hearing before the Board of Veterans' Appeals.

The Veteran's claim for a rating in excess of 60 percent for bronchial asthma with pleural calcifications is denied. The Veteran's claim for TDIU is also denied.

The Veteran's bronchial asthma is currently rated at 30 percent, and the Board finds no evidence to warrant a higher rating based on current medical records.

The Veteran's right hand disability is rated at 10 percent, which is the maximum rating available under DC 5215. The Board finds that a higher or separate rating for ankylosis of any involved joint is not warranted as there is no evidence of such.

The Board has denied the Veteran's claims for service connection for asthma, as well as his requests for increased ratings for right and left lower extremity radiculopathy. The Board found that there was no evidence to support a finding of direct service connection for these conditions.

The Veteran's bronchial asthma requires daily use of systemic high-dose corticosteroids, warranting a 100% disability rating from December 29, 2016.

The Board found that the Veteran's current asthma is related to his pre-existing condition, which was not aggravated by service. As a result, the claim for service connection for asthma has been granted.

The Board found that the Veteran's asthma did not clearly and unmistakably preexist service, was not related to his in-service acute respiratory illness, and is unrelated to any exposure to mustard gas during service. The Board denied the claim for service connection.

The Veteran's appeal is being remanded for further development, including obtaining VA medical examinations and providing an opinion on the etiology of his tinnitus.

The Veteran's asthma and multiple lipomas claims are being remanded for additional development, including obtaining hospitalization records from Fort Dix and scheduling a VA examination to assess the severity of his service-connected conditions.

The Board has found that the Veteran's asthma arose during and is related to his chemical exposure during military service, resolving all reasonable doubt in favor of the Veteran.

The Board denied service connection for a low back disability and an increased rating for asthma, finding that the Veteran's current conditions are not related to his military service or service-connected disabilities.

The Veteran's appeal is being remanded for a videoconference hearing due to the failure to timely file an appeal on some of the new issues.

The Veteran's current respiratory conditions, including asthma and COPD, are not shown to be related to his military service. The Board finds that the preponderance of evidence does not support a finding that his current respiratory condition is related to service.

The Veteran's appeal is remanded due to the need for a Statement of the Case regarding an earlier effective date for service connection and the assignment of an increased rating for bilateral pes planus with plantar fasciitis (previously rated as bilateral foot pain and numbness).

The Veteran's asthma was granted service connection and rated at the maximum schedular rating of 50 percent.,Her chronic headaches were also granted service connection, with a current evaluation of 50 percent.

The Veteran withdrew his appeal for the issue of entitlement to an effective date prior to July 13, 2010, for service connection for migraine headaches.,The Veteran withdrew his appeal for the issue of entitlement to an effective date prior to July 13, 2010, for service connection for right shoulder strain.,The Veteran withdrew his appeal for the issue of entitlement to an effective date prior to March 10, 2010, for service connection for dry eye syndrome with bilateral pinguecula and chronic conjunctivitis (claimed as an eye condition, status post Lasik eye surgery).,The Veteran withdrew his appeal for the issue of service connection for asthma (also claimed as shortness of breath).,The Veteran withdrew his appeal for the issue of service connection for pes planus.,The Veteran withdrew his appeal for the issue of service connection for temporomandibular joint dysfunction syndrome.,The Veteran withdrew his appeal for the issue of service connection for a liver condition, claimed as elevated enzymes and enlarged liver.

The Board has remanded the case for referral to the Director of Compensation and Pension Service for consideration of an extraschedular evaluation under 38 C.F.R. § 3.321(b).

The Veteran's bronchial asthma has been treated with daily use of systemic (oral or parenteral) high dose corticosteroids, warranting a 100% disability rating from November 1, 2011 to November 15, 2012.