Asthma decisions — 2018

The Board has determined that the Veteran's colon cancer with metastatic ovarian and liver cancer is not etiologically related to her active service, as there is no evidence of a diagnosis within one year following service. The claims for nasal polyp, asthma, and psychiatric disability are also pending.

The Board has decided to remand the case for further development, including obtaining a new VA opinion on whether the Veteran's asthma is related to his service.

The Veteran's bronchial asthma is currently evaluated at a 30 percent disability rating, which is the maximum schedular evaluation available for this condition.

The Veteran's initial rating for his asthma was granted at 30 percent prior to May 15, 2013. From May 15, 2013 to May 31, 2016, the Veteran is entitled to a 60 percent rating. After that date, he is entitled to a 100 percent rating.

The Veteran's asthma and onychomycosis of all toes with bilateral tinea pedis were not service-connected, as the evidence did not establish that these conditions were incurred or aggravated by military service. The Veteran's asthma was found to have existed prior to his entry into service and was not aggravated during service. For his onychomycosis, the VA examiner determined it did not meet the criteria for a compensable rating under any applicable DCs.

The Board has remanded the case to the AOJ for additional development, including referral to the Director of Compensation Service for extraschedular consideration of a TDIU on an extraschedular basis due to service-connected disabilities.

The Board denied the Veteran's claims for service connection for chronic bronchitis/pneumonia and increased rating for asthma, finding no current diagnosis of these conditions and insufficient evidence to establish a nexus between any diagnosed condition and service.

The Board denied service connection for diabetes mellitus, bilateral cataracts, asthma, and left eye detached retina as the evidence did not support a direct relationship to service or service-connected conditions.

The Board has denied the Veteran's claims for service connection for various conditions, including hypertension, diverticulitis, asthma, COPD, diabetes mellitus, PTSD, stroke, bowel cancer, bilateral hearing loss, headaches, hernia, sleep apnea, and nerve damage. The reasons given were that there was no evidence of a causal relationship between these conditions and the Veteran's active service.

The Board has determined that the Veteran's asthma is proximately due to his prolonged exposure to extreme cold and coal ash while on active duty, and therefore service connection for asthma is granted.

The Veteran's CFS and bronchial asthma are granted with ratings of 30% and 100%, respectively, effective throughout the appeal period. The Veteran's IBS is granted a rating of 30%. Bilateral hearing loss does not meet criteria for any compensable rating.

The Veteran's claims for increased ratings and service connection were denied. The low back disability was rated at 40 percent prior to August 11, 2015, and 60 percent from that date forward.

The Veteran's claim for an effective date prior to August 31, 2011, for the grant of service connection for COPD was denied as it is not permissible due to a final disallowance in September 2009.

The Board denied service connection for prolonged compression, right peroneal nerve and left hand scar. The Veteran's claim of asthma was also addressed but is being remanded.

The Veteran's appeal was denied for increased ratings and initial compensable ratings for various service-connected disabilities. The issues were remanded multiple times, but the requested development has not been completed.

The Board has remanded the claims due to the need for additional development, including obtaining VA medical records from January 2012 to September 2012.

The Veteran's appeal is being remanded for further development of his claims, including obtaining medical records and information from the Social Security Administration.

The Veteran's asthma required daily inhalational or oral bronchodilator therapy and inhalational anti-inflammatory medication from January 4, 2009 to December 3, 2009. The Board granted an initial rating of 30 percent for this period.

The Veteran's asthma condition is characterized by daily use of inhalational therapy, FEV-1 of 59 percent, and FEV-1/FVC of 73 percent. The Board finds that there is insufficient evidence to warrant a rating in excess of 30 percent for the Veteran's asthma condition.

The Veteran's appeal is being remanded due to the need for additional VA treatment records and an addendum opinion regarding his respiratory disorder.