Asthma Board decisions

The Board has determined that the Veteran's asthma is related to his active service and grants the claim for service connection.

The Veteran's service-connected PTSD and rhinitis are considered to have contributed substantially and materially to his cause of death. The Board has determined that the criteria for a TDIU prior to October 21, 2009 are met.

The Veteran's service-connected asthma with asbestos-related pleural plaques is currently rated at 60 percent from January 8, 2014. The evidence does not support a higher rating or entitlement to TDIU based on the severity of his disability.

The Veteran's claims for service connection for hypertension and an increased rating for bronchial asthma were denied. The Board found that there was no evidence of a direct relationship between the Veteran's hypertension and his service-connected bronchial asthma, nor did he provide any medical evidence to support this claim. For the hypertension claim, the failure to report for VA examinations is considered a basis for denial. For the increased rating claim, the Veteran failed to appear for VA examinations scheduled in connection with his reopened claim of service connection for hypertension.

The Board has granted effective dates of March 11, 2008 for service connection of carpal pedal spasms in both the right and left lower extremities. The Veteran's claim to reopen his previously denied seizure disorder (now diagnosed as carpal pedal spasms) is considered moot.

The Veteran's depression is service connected as secondary to his service-connected back and lower extremity disabilities. His tinnitus, sleep apnea, high cholesterol, asthma, and hypertension are not service connected.

The Veteran's initial rating for his bronchial asthma was granted at a 30 percent level effective from May 23, 2008. The current rating is considered appropriate based on the criteria set forth in Diagnostic Code 6602.

The Veteran's appeal is being remanded for further development, including scheduling VA examinations to evaluate his service-connected asthma and bilateral retinitis pigmentosa. The issues of increased ratings for these conditions are on appeal.

The Board has determined that additional development is necessary before the claims can be decided, including obtaining VA treatment records and scheduling new examinations for the Veteran's left leg/knee disability, low back disability, asthma, hepatitis C, and acquired psychiatric disorder.

The Veteran's claim for a bilateral foot disability, other than peripheral neuropathy, is denied as there is no evidence of such a condition during the pendency of her appeal. The remaining claims are addressed in the REMAND section.

The Board has determined that the Veteran's asthma was aggravated by service, and therefore grants service connection for asthma.

The Board dismissed the Veteran's claims regarding CUE in the January 1952 rating decision that reduced his bronchial asthma disability rating from 30 to 10 percent as of March 21, 1952. The reduction was based on a single VA examination dated in November 1951 and did not comply with procedural requirements.

The Board has remanded the case for additional development due to inadequate medical opinions and missing VA treatment records.

The Board found that the Veteran's asthma was not incurred in or aggravated by his military service, including his Reserve/National Guard duty. The VA examiner concluded that the asthma is less likely than not caused by his military service.

The Veteran's attorney has withdrawn the appeal regarding his claims for service connection for COPD as a result of asbestos exposure, asthma, and sinusitis. As such, these claims are dismissed.

The Board denied service connection for pulmonary tuberculosis, finding clear and unmistakable evidence that the condition pre-existed service. The Veteran's asthma is not considered secondary to his pre-existing tuberculosis.,Service connection was also denied for asthma as it is not shown to be related to service or a service-connected disability.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the severity of his asthma and whether he is unemployable due to service-connected disability.

The Board has remanded the Veteran's claims for service connection and increased ratings due to incomplete development of the record, including a need for an addendum opinion from the December 2014 VA examiner.

The Board found that the Veteran's asthma existed prior to service and was not aggravated during service, thus denying his claim for service connection.

The appeal is being remanded due to the need for a Travel Board hearing.