Asthma Board decisions

The Board has determined that the appellant is not entitled to an evaluation in excess of 30 percent for his service-connected chronic allergic rhinosinusitis and bronchial asthma, as the evidence does not support a finding of near constant sinusitis or radical surgery with chronic osteomyelitis.

The veteran's request for a Board hearing has been addressed, and he is scheduled for a Video Conference hearing. The case will be returned to the RO for scheduling.

The Board has ordered a remand to clarify the examiner's assessment of the veteran's right ankle and to obtain his VA medical records from the San Juan VAMC.

The VA determined that the veteran's service-connected disabilities do not render her unemployable, as she is able to work part-time and attend school.

The veteran's appeal has been withdrawn, and her claims for an increased disability rating for asthma and vocational rehabilitation benefits have been dismissed.

The Board has determined that the veteran's respiratory disorder is not due to disease or injury incurred in service and denied his claim for service connection. The initial rating for tinnitus remains at 10 percent.

The Board denied an increased rating for bronchial asthma with associated myotonic dystrophy, finding that the veteran's disability did not meet or approximate the criteria for a higher rating. The temporary total rating based on hospitalization was also denied.

The Board has determined that the evidence received since the November 1976 decision is not new and material, and thus, the claim of service connection for asthma may not be reopened.

The Board denied the veteran's claim for service connection for asthma, finding that her condition did not worsen during active duty training and was pre-existing.

The Board denied the veteran's claims for service connection for asthma, necrobiosis lipoidica diabeticorum, and chronic fatigue syndrome due to herbicide exposure. The reasons given were that there was no evidence linking these conditions to his military service or to Agent Orange exposure.

The Board denied the veteran's claims for service connection for asthma and allergic rhinitis, finding that these conditions existed prior to service and were aggravated by service. The veteran is already in receipt of compensation for chronic bronchitis.

The Board has remanded the case for additional development, including obtaining the veteran's periods of active duty for training and inactive duty for training during her Air National Guard service, as well as obtaining medical records from Social Security Administration.

The case is being remanded for additional development, including obtaining SSA decision and evidence, scheduling a VA examination to assess employment limitations due to service-connected disabilities, and ensuring the claims file contains all relevant information.

The Board denied service connection for a bilateral knee disability and the evaluations of asthma, migraine and tension headaches, and Raynaud's phenomenon with cold induced urticaria. The veteran was found not to have current chronic diseases or disabilities associated with these conditions.

The Board has determined that new and material evidence has not been submitted to reopen the veteran's claim of service connection for asthma, thus denying her request.

The Board has determined that there is no evidence of a chronic low back disability or asthma in service, and the medical evidence does not support a nexus between any current disabilities and military service. The claims for service connection are therefore denied.

The Board denied the veteran's claims for service connection for asthma, ankle disorder, elbow disorder, knee disorder, and hip disorder. The decision found that there was no evidence linking these conditions to service or undiagnosed illness.

The veteran's claim for increased ratings for asthma and HIV infection is denied. The RO has granted a 30 percent rating for HIV infection effective August 30, 2004.

The case is REMANDED for the following actions: (1) Request the veteran to report the entire period since his retirement from service during which he has received VA medical treatment and the location of that treatment, and also any other medical treatment he has received since military retirement for any of the conditions for which he seeks service connection. (2) Schedule the veteran for VA examination to document his current hearing acuity and for the examiner to provide an opinion of the time of onset of hearing impairment and whether it is less than, equal to, or greater than 50 percent probable that current hearing impairment results from acoustic trauma in service or any other incident of service. (3) If and only if additional medical records are obtained, consider whether the veteran is entitled to additional VA examinations as provided in 38 C.F.R. § 3.159(c)(4), and schedule any indicated examinations.

The veteran's claim for payment or reimbursement of unauthorized private medical expenses incurred from October 7 to October 10, 2004 is denied because the claim was not filed within the required 90-day period after discharge.