Asthma decisions — 2018

The Veteran's asthma is attributable to her service, specifically during her second period of active duty from December 2008 to October 2011.

The Veteran's GERD was not shown to result in persistently recurrent epigastric distress with dysphagia, pyrosis, and regurgitation accompanied by substernal arm or shoulder pain. From December 29, 2016, his GERD manifested with pyrosis and regurgitation but did not meet the criteria for a higher rating.,The Veteran's asthma has been shown to cause intermittent inhalational or oral bronchodilator therapy, which meets the criteria for a 30 percent rating.

The Board has determined that the Veteran's respiratory/lung pathology, including asthma and COPD, is not etiologically related to her active military service.

The Veteran's asthma is not service connected as it existed prior to his entry into active duty and was not aggravated by service.,Service connection for Type II Diabetes Mellitus cannot be established as there is no evidence of a current disability.

The Veteran's service-connected obstructive sleep apnea with asthma and bilateral restless leg syndrome was manifested by use of a CPAP machine, daily medication for asthma, and pulmonary function test values no lower than pre-bronchodilator FVC of 86 percent; FEV-1 of 73 percent; and FEV-1/FVC of 66 percent. The disability did not result in chronic respiratory failure with carbon dioxide retention or cor pulmonale, required tracheotomy, FEV-1 or FEV-1/FVC less than 55 percent, at least monthly visits to a physician for required care of exacerbations, intermittent (at least three times per year) courses of systemic (oral or parenteral) corticosteroids, or more than one asthma attack per week with episodes of respiratory failure.

The Board has determined that the Veteran does not meet the criteria for service connection for any of his claimed conditions, as there is no clear and unmistakable evidence to rebut the presumption of soundness at entry into service or a pre-existing condition was aggravated by service. The diagnoses are found to be less likely related to service.

The Board has remanded the case due to the need for VA examinations and additional development of records.

The Board has denied the Veteran's claims for service connection for a right shoulder disorder and a pulmonary disorder, finding that there is no evidence of such disorders in service or within one year post-service.,The Veteran's current diagnoses are not related to his military service.

The Veteran's claim for an increased evaluation of her lumbar spine disability and TDIU prior to January 4, 2011 was denied by the Board. The decision found that the evidence did not meet the criteria for a higher rating or TDIU based on service-connected disabilities.

The Board has determined that the Veteran's cause of death is related to his service-connected asthmatic bronchitis, and therefore grants DIC benefits. As a result, the claim for nonservice-connected death pension is dismissed as moot.

The Board has found that the Veteran's atherosclerotic heart disease is related to his active military service and granted service connection for this condition. The issue of entitlement to service connection for a chronic respiratory disorder, including pneumonia and bronchial asthma with left lung granuloma, remains pending.

The Board has determined that the Veteran's asthma is at least as likely as not aggravated by his service-connected allergies, and thus grants service connection for asthma.

The Veteran contends that his current respiratory disorders, including asthma and COPD, are due to exposure to burn pits, depleted uranium, and other toxic substances during service in Iraq. The Board finds the VA examination inadequate for adjudication purposes and remands the case for a new examination and medical opinion.

The Veteran's respiratory disability, including COPD, asthma, bronchitis, chronic rhinitis, pharyngitis and other respiratory abnormalities, is being remanded for further development as the VA examination was inadequate. The examiner did not address in-service asbestos exposure by the Veteran or his pre-existing asthma.

The Veteran's lung disorder, including COPD and asthma in quiescent, is being remanded for additional development due to new diagnoses and potential service connection.

The Veteran's appendectomy and oomphaticectomy residuals are not service-connected, as the current scars do not meet criteria for a compensable rating. The lung disorder to include bronchial asthma and COPD is not service-connected due to lack of evidence during service or within one year post-service. The back disorder is also not service-connected as arthritis was not manifest in service. The ventral hernia, GERD, and heart condition are not service-connected.

The Board found that the Veteran's COPD and asthma did not have its onset in service or are otherwise related to service for reasons discussed, thus denying both claims.

The Veteran's asthma, allergic rhinitis, and right fifth metacarpal fracture residuals have not resulted in the required criteria for a compensable rating under VA disability evaluation guidelines.

The Veteran's appeal is being remanded for further development, including obtaining updated VA treatment records and scheduling the Veteran for a respiratory examination. The issues include determining if his collapsed left lung warrants an initial compensable rating, service connection for chronic respiratory conditions (including bronchitis, asthma, emphysema, COPD), and sleep apnea are warranted, as well as whether he is entitled to TDIU.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to assess the severity of his service-connected asthma with COPD.