Asthma decisions — 2019

The Board has determined that a remand is necessary to obtain an updated medical opinion regarding the Veteran's respiratory condition and its relationship to service.

The Board has remanded the claims of service connection for arthritis and asthma due to lack of evidence linking these conditions to active military service. The hypertension claim is also remanded for further examination and opinion.

The Veteran's recurrent asthma was initially diagnosed during active service and has persisted since then. The Board granted service connection for this condition.

The Board has decided to remand the case due to incomplete service treatment records and a need for an examination to determine if any of the Veteran's pulmonary conditions are related to his in-service exposure to exhaust fumes or coal smoke. The Veteran needs to provide authorization for VA to obtain private medical records, and he should be scheduled for a VA examination.

The Veteran's petition to reopen claims for migraine headaches, skin disorder of the face, and other conditions were granted. The remaining issues related to back disability, stomach disability, asthma, diabetes, acquired psychiatric disorder, COPD, and irritable colon syndrome are remanded.

The Board denied service connection for various conditions, including joint condition, muscle condition, fatigue/weakness, hives, insomnia, asthma, sleep apnea, cerebrovascular accident (CVA), headaches, obsessive compulsive disorder, and depressive disorder, all claimed as due to exposure to contaminated water at Camp Lejeune.

The Veteran's claims for a rating in excess of 10 percent for chronic sinusitis and allergic rhinitis have been denied.,The Veteran's applications to reopen the previously denied claims for diarrhea, abdominal pain, cramps, vision disability, hemorrhoids, thyroid disability, laryngitis, tachycardia, migraine, respiratory disorder (bronchial asthma), and a fatty liver and liver cysts have all been denied due to lack of new and material evidence.,The Veteran's applications to reopen the previously denied claims for gastritis, reflux, duodenitis and/or diverticulitis, hiatal hernia, cervical disability, bilateral hand disability, bilateral leg disability, back disability (claimed as radiation of pain to the back and right side of body), left shoulder disability, vesicular disorder of the bilateral leg, gallbladder disability have all been granted due to new and material evidence.

The Veteran's claim for an increased rating for his service-connected lung disability, which includes asthma and COPD, is being remanded due to the need for updated medical records and a new VA examination.

The Veteran's appeals for increased ratings and service connection have been dismissed. The Board has remanded the issues of initial rating for asthma with moderate obstructive lung disease, initial compensable rating for bilateral hearing loss, and service connection for an unspecified dental condition.

The Board has determined that additional development is necessary and the appeal is, therefore, REMANDED as directed below.

The Board has decided to remand the case due to incomplete service records and requests for additional evidence. The appellant's asthma is being reviewed again with new information.

The Veteran's irritable bowel syndrome, asthma (claimed as respiratory disorder/chest pain), scoliosis and degenerative joint disease of the thoracic spine, right hip narrowing with associated pain, left knee medial compartment narrowing suggestive of degenerative change, and plantar fasciitis are all granted service connection. The Veteran's right eye disorder, irritated throat, and right cubital tunnel syndrome are denied.

The April 14, 1978 rating decision denied service connection for bronchial asthma due to the presumption that it existed prior to service and was not aggravated by service. The Veteran's representative argued for CUE based on the presumption of soundness, but the Board found no clear and unmistakable error.

The Board has found that there is new and material evidence to reopen the claims for service connection for chronic fatigue syndrome, cervical spine disorder, thoracolumbar spine disorder, and asthma. The AOJ should consider this new evidence in their first instance.

The Veteran's claims for service connection for asthma and gastrointestinal disorder, other than IBS (including GERD and candidal esophagitis) have been denied. The Board found no current diagnosis of asthma or a link between the GI disorders and active service. The Veteran's claims for migraines, cervical strain, lumbar strain, and PTSD with alcohol use disorder are also denied.