Asthma decisions — 2017

The Board has determined that the Veteran does not have a current disability for which service connection can be granted, specifically bilateral hearing loss and residuals of right leg burn. The skin disorder is considered to be new and material as it was not previously evaluated due to lack of evidence in service records.

The Veteran's asthma was not incurred in or aggravated by military service, as it existed prior to his entrance into active duty.,Service connection for sinusitis, deviated nasal septum, and bilateral hearing loss is denied due to lack of evidence.

The Veteran's right and left big toe gout have been granted service connection as secondary to his service-connected chronic kidney disease (CKD).,Service connection for TMJ has not yet been determined.

The Board found that the Veteran's bronchial asthma did not have its onset during a qualifying period of service and was not aggravated by such service. The evidence does not support a finding that his current condition is related to his military service.

The Board has determined that the Veteran does not have current residuals of a TBI other than headaches, and thus cannot establish service connection for decreased complex integrated cerebral function disturbance. The Veteran's service-connected disabilities do not result in the anatomical loss or loss of use of both feet or one hand and one foot, or blindness in both eyes, or render him permanently bedridden or so helpless as to be in need of regular aid and attendance.

The Veteran's asthma was manifested by FEV-1 of 66% to 91.6% predicted pre-bronchodilator and 99% or 100% post-bronchodilator, with a corresponding FEV-1/FVC of 65.9% to 80%. The Veteran required daily inhalation or oral bronchodilator therapy but did not require monthly visits to a physician or intermittent courses of systemic corticosteroids.

The Veteran's asthma has been rated at 100% since June 30, 2014. This rating includes the SMC for housebound status, which renders the claim of TDIU moot.

The Veteran has withdrawn his appeals on all pending claims, including those related to bronchial asthma, diabetes mellitus, peripheral neuritis of the upper and lower extremities, and diabetic retinopathy.

The Board has granted service connection for left ear hearing loss, finding that the Veteran's in-service noise exposure likely caused his current condition. The issues of asthma and COPD due to asbestos exposure are remanded for further development.

The Board found that the Veteran's asthma was not service-connected and did not contribute to his death. His tonsillar cancer, which caused his death, was presumed due to military service.

The Veteran's respiratory disorders (COPD and asthma) are not related to his active service, as they are more likely due to his history of smoking.,The Veteran's sleep apnea is not related to his active service.

The Veteran's COPD with asthmatic bronchitis has been evaluated based on FEV-1 and FEV-1/FVC results from Pulmonary Function Tests (PFTs). For the period prior to October 19, 2015, his disability was rated at 30 percent. Beginning October 19, 2015, it has been rated at 60 percent.,The Veteran's TDIU claim is pending as additional development is required.

The Veteran's spouse requires assistance with daily activities and is unable to dress or undress herself, requiring regular aid and attendance. The case has been remanded for a VA examination.

The Veteran's claims for increased ratings for left knee injury, bilateral pes planus, bronchial asthma, and depressive disorder have been denied. The evidence does not meet the criteria for a higher disability rating under applicable VA regulations.

The Veteran is granted a rating of 60 percent for asthma prior to July 17, 2013 and in excess of 60 percent thereafter. The Veteran's TDIU claim is denied as her service-connected asthma does not preclude substantially gainful employment.

The Board finds that the Veteran's lung and respiratory disorders are not related to his military service, specifically asbestos exposure. The more probative evidence does not support the Veteran's claims for service connection.

The Board has determined that the Veteran's sleep apnea is caused by his service-connected asthma and granted service connection for this condition.

The Board has remanded the case due to conflicting evidence and a need for additional development, including obtaining VA treatment records and procuring a supplemental opinion from a pulmonologist.

The Veteran is seeking service connection for sleep apnea, which he contends is related to conditions like allergic rhinitis, bronchial asthma, dysthymic disorder, hypertension and degenerative arthritis of the spine. The Board has decided that further development is needed before a decision can be made.

The Veteran's claim for service connection for a respiratory/lung disorder, including as due to exposure to asbestos, is being remanded for additional development.