Asthma decisions — 2017

The Veteran's asthma was not rated higher than the assigned disability ratings prior to October 23, 2006 and in excess of 60 percent thereafter. The Board found that the evidence did not meet the criteria for a rating in excess of 30 percent prior to October 23, 2006 or in excess of 60 percent thereafter.

The Veteran meets the schedular criteria for TDIU due to his service-connected bronchial asthma, which prevents him from securing and following substantially gainful employment.

The Veteran's claims for service connection for bronchitis, asthma, and COPD are being remanded due to the need for additional medical opinions regarding the onset of these conditions during his military service.

The Veteran's appeal for a TDIU was dismissed as the Veteran withdrew her appeal prior to the Board issuing a decision.

The Board denied the Veteran's claim for service connection for tuberculosis, finding that new and material evidence had not been received to reopen the claim. The issue of service connection for hives was granted.

The Board has determined that additional development is needed before the issues can be adjudicated on the merits.

The Board found that the Veteran's current respiratory conditions, including COPD, asthma, and bronchitis, are not related to his military service.

The Board has determined that the Veteran's hypertension, asthma, and emphysema with bronchitis were not incurred or aggravated during service. The preponderance of evidence indicates these conditions are not related to his military service.

The Veteran's gastroenteritis and migraine headaches have been granted service connection.,Service connection for lower extremity nerve pain, asthma, and obstructive sleep apnea is pending.

The Board found that the Veteran's respiratory disability to include asthma was not incurred in or aggravated by service.

The Board found that the Veteran's continued medical emergency warranted payment or reimbursement for his treatment at a non-VA facility from January 28 through February 3, 2010. The VA clinic was available and the Veteran did not want to transfer.

The Board has determined that the Veteran's respiratory/pulmonary disorder, including COPD and asthma, is not etiologically related to service or exposure to chemicals and asbestos during service.

The Board has remanded the case for further development, including obtaining VA treatment records and Social Security Administration (SSA) records. A new VA examination is needed to assess the current severity of the Veteran's service-connected asthma and sinusitis. The TDIU claim will also be remanded.

The Veteran's acquired psychiatric disorder, including PTSD and depressive disorder, is related to his service-connected DJD of the right foot.,The Veteran's respiratory disorders are related to service exposure to asbestos. His current COPD and asthma are at least as likely as not caused by in-service asbestos exposure.,The Veteran's back disorder is related to a back injury sustained during an incident involving his right foot, which he claims occurred while on active duty.

The appellant's claim for benefits under 38 U.S.C.A. § 1815 and § 1805 is denied as she does not have a diagnosis of spina bifida, her mother did not serve in Vietnam, and the law precludes her from receiving these benefits.

The Board has determined that the Veteran's current degenerative arthritis of the left knee is not related to his active military service, and thus denied the claim for service connection.

The Veteran's appeal is remanded due to inadequate compliance with previous Board and RO directives, including the need for a separate rating decision on claims of clear and unmistakable error (CUE) in a prior rating decision. Additional medical records are needed, as well as an updated VA examination.

The case is being remanded for additional development to obtain medical records and provide a supplemental VA medical opinion regarding the Veteran's asthma claim.

The Veteran's asthma is currently rated at 30 percent, and the Board finds that an evaluation in excess of this rating is not warranted. The Veteran does not meet the criteria for a higher rating based on his current symptoms.