Asthma Board decisions

The Veteran's service connection claims for sleep apnea, hypertension, BPH, symptomatic bradycardia with pacemaker, asthma, bilateral hearing loss, and tinnitus have been granted.,Service connection is established for bilateral hearing loss due to acoustic trauma during service.

The Board has granted service connection for sleep apnea as secondary to the Veteran's service-connected sinusitis. The issue of service connection for a respiratory disability (asthma) is addressed in the REMAND portion and is REMANDED.

The Board has granted the Veteran's requests to reopen his claims of service connection for asthma and psoriasis claimed as lesions, based on new evidence related to radiation exposure during active service.

The Board has determined that the Veteran did not incur a lung disability during service or as a result of service, and there is no evidence to support his claim for left ankle disability. The claims have been withdrawn by the Veteran.

The Board has determined that the Veteran's current respiratory disability, diagnosed as irritable airway syndrome, reactive airway disease, and asthma, is more likely than not related to exposure to an irritant during his service in Vietnam.

The Veteran's appeal is being remanded due to her failure to appear at a previously scheduled hearing. The case will be rescheduled for another Board hearing.

The Veteran's February 2, 2006, VA Form 9 was timely filed, perfecting an appeal of the May 2004 rating decision that denied increased ratings for traumatic arthritis of the left ankle and service connection for obesity, hernia, asthma, bilateral knee condition, endometriosis (also claimed as a disability manifested by a female bleeding disorder and PCOS).

The Board found that the Veteran's sleep apnea was not incurred in or aggravated by his military service and is not proximately due to or the result of a service-connected disability.

The Veteran's appeal is being remanded for additional examinations to clarify the nature and onset of his claimed psychiatric and respiratory disabilities, as well as any relationship to service. The examinations will also determine if there was chemical exposure in service.

The Veteran's seborrheic dermatitis has been rated at 10 percent since November 27, 2008. The Board finds that a higher rating is not warranted as the condition affects greater than five percent but less than 20 percent of exposed areas and no systemic therapy was indicated.,The Veteran's hiatal hernia with esophageal reflux and epigastric pain has been rated at 30 percent since November 27, 2008. The Board finds that a higher rating is not warranted as the condition manifests persistently recurrent epigastric distress with dysphagia, heartburn, arm pain, nausea, vomiting and digestive pain.,The Veteran's bronchitis is considered part of his already service-connected COPD and thus cannot be rated separately. The Board finds that a higher rating is not warranted as the condition does not meet the criteria for a separate disability.,There is no evidence of chronic pneumonia at any point during the pendency of this appeal. The Board finds that a higher rating is not warranted as there is no indication of such an issue.,Hyperlipidemia was not considered a service-connected disability and thus cannot be rated. The Board finds that a higher rating is not warranted as hyperlipidemia is merely a laboratory finding.,The Veteran's hypertension has been rated at 10 percent since November 27, 2008. The Board finds that a higher rating is not warranted as there is no evidence of such an issue attributable to service or service-connected disease.,The Veteran does not have a gastrointestinal disability other than hiatal hernia with esophageal reflux and epigastric pain attributable to service. The Board finds that a higher rating is not warranted as the condition has been rated at 30 percent since November 27, 2008.,Allergic broncho-pulmonary aspergillosis was not considered a service-connected disability and thus cannot be rated. The Board finds that a higher rating is not warranted as there is no evidence of such an issue attributable to service or service-connected disease.,The May 1976 decision denying entitlement to service connection for plantar warts did not contain an outcome determinative error in applying the law extant at that time to the facts that were before the adjudicator. The Board finds that a higher rating is not warranted as there was no evidence of such an issue attributable to service or service-connected disease.,The May 1976 decision denying entitlement to service connection for varicose veins did not contain an outcome determinative error in applying the law extant at that time to the facts that were before the adjudicator. The Board finds that a higher rating is not warranted as there was no evidence of such an issue attributable to service or service-connected disease.,The May 1976 decision denying a rating in excess of 10 percent for asthma did not contain an outcome determinative error in applying the law extant at that time to the facts that were before the adjudicator. The Board finds that a higher rating is not warranted as there was no evidence of such an issue attributable to service or service-connected disease.

The Board has determined that the Veteran's current acquired psychiatric disorder is connected to service, and thus grants service connection for this condition. The issues of asthma and right knee disability are remanded for further development.

The Veteran's hypertension, diabetes mellitus, hypothyroidism, asthma, and high cholesterol were not shown to be related to his military service.,Service connection was denied for all claimed conditions.

The Veteran's TDIU claim is being remanded for additional development, including a new VA examination by a vocational rehabilitation specialist to assess the combined effects of his service-connected disabilities on his employability.

The Board has denied the Veteran's claims for service connection for bilateral hearing loss disability, hepatitis C, and a lung condition due to lack of evidence establishing a nexus between these conditions and his military service.

The Veteran's bronchial asthma has been rated at 30 percent since the initial rating decision. The Board found that his condition warrants a higher rating to 60 percent, based on FEV-1 and FEV-1/FVC levels.

The Veteran's thoracic spine disorder is granted as secondary to her service-connected lumbar strain. Her asthma and psychiatric disorders are not addressed in this decision.

The Veteran's appeal is being remanded for additional development, including obtaining his VA vocational rehabilitation file and Social Security Administration records. The issue of two separate compensable ratings for bilateral radiculopathy from the service-connected degenerative disc disease of the lumbar spine has also been raised and must be addressed first.

The Board finds that the Veteran's emergency room visit was for an acute medical condition, and affords her the benefit of doubt in finding a prudent layperson would have reasonably expected delay in seeking immediate medical attention to be hazardous. Therefore, payment or reimbursement is granted.

The Veteran's appeal is being remanded for further development, including obtaining updated medical records and scheduling VA examinations to assess the severity of his service-connected disabilities.

The Board has vacated its previous decision and denied the Veteran's claims of service connection for respiratory disability to include COPD and asthma, as well as his claim for a right hip disorder. The diagnoses prior to death included COPD and asthma, but no evidence was found linking these conditions to service or any service-connected disabilities.