Asthma Board decisions

The VA granted an increased evaluation for the appellant's service-connected bronchial asthma from 10 to 30 percent disabling, effective October 7, 1996.

The Board has granted a 10 percent evaluation for postoperative right inguinal herniorrhaphy, but did not address the claim for service connection for asthma as it is not currently before the Board.

The Board of Veterans' Appeals (Board) has remanded the case for further development due to a lack of evidence supporting the veteran's claims for service connection for asthma, pulmonary tuberculosis, and emphysema as a result of exposure to herbicides in service. The RO is instructed to obtain all relevant medical records and ensure that the new notification requirements and development procedures under the Veterans Claims Assistance Act of 2000 are fully complied with.

The Board denied the appellant's claims for service connection for the cause of her husband's death and payment of Dependency and Indemnity Compensation (DIC) benefits under 38 U.S.C.A. § 1318, finding that there was no legal basis to grant either claim due to a change in law regarding tobacco-related disabilities.

The veteran's bronchial asthma, which began during service and was aggravated by post-service employment as a coal miner, contributed to his death from congestive heart failure. The Board granted service connection for the cause of the veteran's death.

The Board has granted a 30 percent evaluation for asthma, which was previously established in an August 1996 rating decision. The veteran's appeal remains pending as he is seeking the maximum available evaluation.

The Board has granted a 60 percent disability rating for the veteran's service-connected obstructive pulmonary disease with history of asthma from January 20, 1998 through June 8, 1999. For other periods, the disability ratings remain at 30 percent.

The veteran's appeal involves multiple issues including service connection for PTSD and a total disability rating based on unemployability, as well as an increased evaluation for tonsillectomy residuals. The decision is mixed, with some issues granted and others not.

The Board has determined that the initial 30% evaluation for asthma is appropriate, and thus no higher rating can be granted. The noncompensable evaluation for the left little finger fracture remains unchanged.

The Board has determined that additional development is needed to ensure compliance with the Veterans Claims Assistance Act of 2000 and other relevant laws, regulations, and guidance. The RO must obtain all pertinent medical records, including those from VA and non-VA providers, and afford the veteran comprehensive examinations to determine the nature and severity of his service-connected disabilities.

The Board denied service connection for asthma and a compensable evaluation for post-operative right cheek cyst removal, but granted an evaluation in excess of 10 percent for the veteran's lumbar spine disability. The decision also noted that the veteran did not have current asthma.

The Board found the veteran's appeal of the issue of whether new and material evidence had been received to reopen claims for entitlement to service connection for peptic ulcer and asthma was timely filed.

The Board has granted service connection for PTSD, Generalized Subcutaneous Lipomatosis, Chronic Bronchitis, COPD with a Predominant Asthmatic Component (secondary to herbicide exposure), and a Left Knee Disability secondary to a Service-Connected Low Back Disability. The veteran's service-connected scars, the residuals of excised lipomas, are rated as 10% disabling.

The VA determined that the veteran's service-connected bronchial asthma does not warrant a higher evaluation under the current rating criteria.

The veteran's service-connected bronchial asthma with emphysema does not prevent him from securing and following substantially gainful employment, as his other disabilities also contribute to his inability to work.

The Board found that the veteran did not have asthma at the time of his appeal and thus denied service connection for asthma.

The veteran successfully completed her semester of vocational training and rehabilitation program during the period from August 1996 to December 1996, despite having a service-connected asthma disability. The Board finds that her educational pursuit was reasonably feasible.

The veteran's service-connected disabilities do not render him in need of regular aid and attendance or housebound, as he is able to perform daily functions and protect himself from hazards.

The Board denied the veteran's claims for service connection for a left knee disability and asthma, finding that new and material evidence had not been submitted to reopen the claims.

The veteran's claim for an increased initial rating in excess of 0 percent for his asthma is denied as the evidence does not show that his asthma is characterized by FEV-1 of 71- to 80-percent predicted, or; FEV-1/FVC of 71 to 80 percent, or; intermittent inhalational or oral bronchodilator therapy.