Asthma decisions — 2019

The Veteran is granted an effective date of November 7, 2003 for the award of a total disability rating based on individual unemployability (TDIU) due to service-connected asthma. The Veteran also has an earlier effective date of November 7, 2003 for basic eligibility to Dependents' Educational Assistance (DEA).

The Board has remanded the cases for further development and examination to determine if service connection can be established for tongue cancer, COPD, asthma, and diabetes mellitus type II.

The Veteran's fibromyalgia is granted service connection due to its nature and unknown etiology. Service connection for respiratory disorder (including asthma and allergic rhinitis) and throat disorder (allergic rhinitis) are denied as they are attributed to known clinical diagnoses. Service connection for GI disorder (eosinophilic esophagitis, internal hemorrhoids, iron deficiency, hematochezia) is also denied.

The Veteran's service-connected bronchial asthma is currently rated at 30 percent, and the Board has ordered a remand to determine if his condition warrants an increased rating.

The Board has granted service connection for bronchial asthma, finding that the Veteran's current condition is related to his in-service treatment for acute bronchitis. Service connection for lung damage (claimed as pneumonia and respiratory problems) remains pending.

The Veteran's depression is granted as secondary to her service-connected obstructive sleep apnea.

The Board has reopened the Veteran's claim of service connection for asthma/excessive coughing/lung disease due to new and material evidence, but finds that additional development is necessary as the previous VA examination was inadequate.

The Veteran's claims for service connection for hepatitis, hearing loss, and asthma have been reopened. The Board found that the evidence submitted since the March 2008 rating decision relates to an unestablished fact (a relationship between his service and these conditions) and raises a reasonable possibility of substantiating their claims.

The Board denied the Veteran's claims for service connection for bronchitis, asthma, and a heart condition as secondary to bronchitis and asthma due to lack of evidence showing aggravation during service or any link between these conditions and his current heart condition.

The Board has remanded the case due to an inadequate VA examination report and a need for updated treatment records. The Veteran will be scheduled for a new VA examination to determine the nature, extent, and etiology of any respiratory disorder found to be present.

The Board has denied service connection for asthma, but remanded the issues of service connection for allergies and hypertension (secondary to allergies and asthma). The Veteran's period of service is not found to have resulted in aggravation of his pre-existing allergies. A new medical opinion is needed regarding whether the Veteran's allergy medication aggravates his hypertension.

The Board denied service connection for right knee injury residuals, asthma, acquired psychiatric disability (to include depression and posttraumatic stress disorder), epidermis removal, kidney stones, hypertension, transient ischemic attacks, cardiovascular disease, and a right lung disability.,There is no evidence of any chronic right knee disability during active duty or within one year after separation. The appellant's current right knee disability was not related to an in-service injury or disease.,The Board found that asthma did not manifest during active duty service and there is no indication it is related to an in-service disease or injury.,There is no evidence of a psychiatric disability during active duty service, nor within one year after separation. The appellant's current acquired psychiatric disability was not linked to his military service.,Epidermis removal was not noted in service records and there is no indication it is related to the appellant’s active service.,Hypertension did not manifest during active duty or within one year of discharge, nor is there any evidence linking it to an in-service disease or injury.,Transient ischemic attacks were not present during active duty or within one year after separation. There is no indication that post-service transient ischemic attack or its residuals are causally related to active service.,Cardiovascular disease did not manifest during active duty or within one year of discharge, nor is there any evidence linking it to an in-service disease or injury.,A right lung disability was not present during active duty or within one year after separation. There is no indication that the current right lung disability is causally related to active service.

The Veteran's bronchial asthma is currently rated at 20 percent, but the Board finds that his condition does not warrant a higher rating as it does not meet the criteria for a 60 percent or 100 percent disability rating.

The Veteran's PTSD resulted in occupational and social impairment with deficiencies in most areas, warranting a 70 percent rating from April 8, 2011 to September 7, 2016. The Veteran also met the criteria for TDIU during this period.

The Veteran's chronic lumbar sprain and intervertebral bulging discs are currently rated at 40 percent from August 20, 2013. The claims for increased ratings for left elbow olecranon spur and epicondylitis, asthma, atherosclerotic cardiovascular disease, and gastroesophageal reflux disease (GERD) have been denied.

The Board has remanded the claims for herniated disc, asthma, emphysema, arteriosclerotic heart disease (ASHD), diabetes mellitus (DM), sleep apnea, arthritis, Crohn's disease, and renal insufficiency with hypertension (HTN) due to incomplete service records.

The Veteran's appeal for an increased schedular rating exceeding 60 percent for service-connected bronchial asthma is dismissed. The Veteran's claim for TDIU due to service-connected bronchial asthma, effective November 4, 2014, is granted.

The Veteran's asthma, heart disability (including coronary artery disease), and hypertension are denied as service connection because the evidence does not show that these conditions began during or were aggravated by his military service.

The Veteran's asthma and allergic rhinitis are being remanded for further examination and to obtain private medical records.

The Veteran's respiratory disabilities other than asbestosis are not service connected and there is no evidence that they are related to his service-connected conditions. The Board denied the claim for service connection.