Asthma Board decisions

The Veteran withdrew the appeal for the claim of entitlement to service connection for flat feet during his hearing. The remaining claims are remanded for further development.

The Veteran's claims for service connection for asthma and diabetes mellitus, as well as increased ratings for bilateral pes planus and recurrent tibia fractures are being remanded due to the need for additional development.

The Veteran's appeal is being remanded for additional development, including obtaining records from his treating physician and determining the frequency of systemic corticosteroid use.

The Board found that the Veteran's respiratory conditions, including asthma and obstructive sleep apnea, were not incurred in service or due to exposure to Agent Orange or asbestos. The benign pulmonary nodules were also unrelated to service.

The Board has reopened the Veteran's claim of entitlement to service connection for bronchial asthma. The issue of service connection for a back disability is inextricably intertwined with the pending claim and will be remanded along with it.

The Veteran's claims for increased ratings for his service-connected allergic rhinitis and bronchial asthma were denied. The Veteran's allergic rhinitis was found to not meet the criteria for a higher rating, while his bronchial asthma remains at 30 percent.

The Veteran's appeal is being remanded for additional development, including a VA examination to determine the etiology of his claimed conditions and whether they are related to service or service-connected disabilities.

The Board has determined that the Veteran's diagnosed bronchial asthma is related to his period of active service, and thus grants the claim for service connection.

The Board found that the Veteran's lung disorder other than asthma, claimed as World Trade Center cough, is not related to his active duty service and denied his claim for service connection.

The Veteran's claim for an increased rating and earlier effective date for service connection for asthma was granted. The initial rating of 30 percent is assigned, effective April 14, 2008.

The Board is considering both the petition to reopen and the CUE claim for residuals of pneumonia. The original denial was based on lack of evidence of chronic conditions, but new service treatment records suggest reconsideration.

The Veteran's appeal has been dismissed due to his death. The claims for service connection and compensation are no longer before the Board.

The Veteran's claim for service connection for bilateral foot disability and right and left foot strain has been granted.,The Veteran's claim for service connection for a respiratory disorder (including bronchitis and asthma) is pending.

The Board denied the Veteran's claims for service connection for various conditions, including left ear hearing loss, bronchitis, knee disorders, asthma, and increased evaluation for major depressive disorder. The appeals were decided on a direct basis without any presumption or secondary theory of service connection.

The Veteran's death is being remanded for additional development, including obtaining VA treatment records and providing an updated medical opinion regarding the relationship between his service-connected bronchial asthma and his cause of death.

The Board denied service connection for asthma in November 1999 and later granted it in December 2007 with an effective date of December 14, 2005. The Veteran is seeking an earlier effective date based on his original claim.

The Board found no credible evidence linking the Veteran's current TBI, to include headaches, to service. The VA treatment records do not show a continuity of symptomatology from service to the present. Therefore, service connection for TBI is denied.

The Board has remanded the case due to failure in duty to assist and jurisdictional issues. The Veteran's claims for service connection are now pending again with the RO.

The Board has determined that the Veteran did not have asthma, squamous cell carcinoma of the skin, laryngitis, bronchitis, or emphysema or chronic obstructive pulmonary disease during service and there is no current evidence linking these conditions to his military service.

The Veteran's bronchial asthma does not meet the criteria for a higher rating as his pulmonary function tests do not show FEV-1 or FEV-1/FVC scores of between 40 and 55 percent of predicated values, and he did not use systemic steroids at least three times per year.