Asthma decisions — 2017

The Veteran's service-connected disabilities, including PTSD, tinnitus, and traumatic brain injury, render him unable to secure or follow a substantially gainful occupation.

The Board denied the Veteran's claim for service connection for asthma, finding that it is less likely than not caused by or aggravated by her service-connected allergic rhinitis and/or sinusitis. The claims for initial ratings for postoperative residuals of a fracture of the left fifth proximal phalanx and for extraschedular rating for hemorrhoids were also denied.

The Veteran's claim for service connection for allergies, which is secondary to the service-connected asthma disability, has been withdrawn by his authorized representative. As a result, the appeal is dismissed.

The Board has remanded the case due to inadequate compliance with previous remand directives, requiring a new addendum opinion from the VA examiner.

The Board has received notification from the appellant that they wish to withdraw their appeal, leading to its dismissal.

The Veteran has withdrawn her appeal regarding the initial disability rating for asthma, and thus the appeal is dismissed.

The Board found that the Veteran did not meet the schedular criteria for a 100 percent rating for asthma during the applicable period of appeal, and thus denied his claim for an effective date prior to May 10, 2011.

The Veteran's asthma was previously rated at 60 percent, effective September 28, 2001. The AOJ reduced the rating to 30 percent in September 2008 and granted TDIU from January 26, 2006. The Board finds that a restoration of the 60 percent rating is not warranted due to lack of evidence showing daily use of systemic corticosteroids.

The Board has determined that the Veteran does not meet the criteria for a diagnosis of chronic fatigue syndrome and therefore, her claim for service connection is denied.

The Board has determined that the Veteran's skin disability of the bilateral hands and asthma are not related to his active service, including exposure to jet fuel, paint thinner, or other solvents.,Both conditions were diagnosed after service and there is no evidence linking them directly to service.

The Veteran died of natural causes, but there is no service-connected disability that caused or contributed to his death. The Board finds the evidence does not support a finding that any disease or injury was incurred during active military service and was the principal or contributory cause of the Veteran's death.

The Veteran seeks service connection for a respiratory disability, specifically chronic bronchial asthma. The Board is remanding the case to obtain an opinion on whether his pre-existing chronic rhinitis was aggravated by his second period of service and if his chronic bronchial asthma was aggravated during that time.

The Veteran withdrew her appeal for a higher initial rating for lumbosacral spine strain with degenerative joint disease (claimed as low back pain). The issue of service connection for asthma is addressed in the REMAND portion.

The Board has determined that further development is needed to address the Veteran's claims for service connection, including obtaining new VA examinations and retrieving any outstanding medical treatment records.

The Board has determined that additional development is needed to obtain the appellant's SSA records, military dependent treatment records, and medical opinions. The case will be remanded for these actions.

The Board has determined that the evidence is at least in equipoise regarding whether the Veteran's current respiratory disability, including COPD and asthma, is etiologically related to his active duty service. Therefore, the claim for service connection for a respiratory disability is granted.

The Board found that the evidence did not support a finding of service connection for obstructive sleep apnea, respiratory disorder (asthma), or acquired psychiatric disorder.

The Veteran has withdrawn her appeals for an increased rating for bronchial asthma and entitlement to a TDIU. As such, the Board does not have jurisdiction to decide these issues.

The Board has determined that there is no evidence to support a finding that the Veteran's current respiratory disorders are related to his active service, including his in-service pneumonia. As such, the claim for service connection for a chronic respiratory disorder, claimed as residuals of pneumonia, is denied.

The Veteran's asthma has been rated at 30% since May 12, 2009. The right shoulder and left knee injuries have not resulted in any compensable ratings.