Asthma decisions — 2017

The Board has determined that the Veteran's respiratory disability, including asthma, COPD, emphysema, and chronic bronchitis, is related to his service due to an injury from chlorine gas inhalation during active duty. As a result, the claim for service connection is granted.

The Board has remanded the case for additional development, including obtaining missing personnel and service treatment records, and addingendum opinions addressing the likelihood that the Veteran's lung and bilateral hearing loss disabilities are related to his military service.

The Board has determined that the Veteran's current asthma was not incurred in or aggravated by her active service and is not related to her service-connected PTSD. Therefore, the claim for service connection for asthma is denied.

The Veteran's lumbar spine disability is rated at 20 percent since May 15, 2009. The Veteran has not met the criteria for a higher rating based on limitation of motion or ankylosis.

The Veteran's claims for increased ratings and service connection have been denied as the evidence does not support a higher rating or additional service connection.

The Board has remanded the case for further development to obtain an addendum etiology opinion regarding the Veteran's respiratory disabilities, specifically bronchial asthma and COPD.

The Veteran's claims for service connection are being remanded due to inadequate VA examination reports and incomplete opinions. The Veteran is seeking service connection for asthma and a chronic disability involving the knees and ankles, which he believes were caused by his military service in the Persian Gulf.

The Board has determined that the Veteran's asthma is related to his military service and affords him the benefit of doubt, granting service connection for asthma.

The Veteran's appeal is granted, with service connection for obstructive sleep apnea established and increased ratings for PTSD, asthma, right shoulder rotator cuff tear residuals, right lower extremity peripheral neuropathy, left lower extremity peripheral neuropathy, cerebrovascular accident (CVA) residuals, seborrheic dermatitis, and hypertension. The Veteran is also granted TDIU as of August 28, 2009.

The Veteran's service-connected disabilities do not render him unable to follow a substantially gainful occupation, and he has maintained employment throughout the appeal period.

The Board has remanded the case for further development and examination, including obtaining SSA records and scheduling a VA examination to determine the etiology of the Veteran's asthma. The claims will be reconsidered after these actions.

The Veteran's asthma and migraine headaches are found to be secondary to his service-connected sinusitis and/or service-connected rhinitis, thus granting service connection for both conditions.

The Veteran's fibromyalgia was granted an increased rating to 40 percent effective December 13, 2010. The issue of separate disability ratings for sleep apnea and asthma or a higher combined rating remains unresolved.

The Board has determined that the Veteran's current respiratory conditions, including asthma and COPD, are not related to his active service. The VA examiner concluded that these conditions are secondary to tobacco use.

The RO reduced the Veteran's asthma disability rating from 100% to 30%, effective September 1, 2007. The Veteran appealed this decision and was granted a higher rating of 60% effective November 19, 2008.

The Board denied the Veteran's claims for service connection for various conditions, including bilateral hearing loss, gastrointestinal disorder, chronic fatigue syndrome, left knee disability (arthritis), bilateral athlete's foot, muscle pain, joint pain, sleep disorder (sleep apnea), and respiratory disorder (asthma). The appeal was dismissed due to withdrawal of these issues.

The Veteran's service-connected PTSD, along with other disabilities, has rendered her unable to obtain and maintain substantially gainful employment. The abdominal scars have been rated as 10 percent disabling for pain.

The Veteran's asthma, as evidenced by a forced expiratory volume in one second (FEV-1) of 29 percent of the predicted rate, meets the criteria for a 100 percent rating and is granted effective from April 29, 2009.

The Board found that the Veteran's migraine headaches, sleep apnea, and asthma were not incurred in or related to active duty service.

Both the Veteran's appeals for higher ratings for bronchial asthma and an initial compensable rating for allergic rhinitis have been withdrawn by his representative before any final decision was made. As such, these claims are dismissed.