Asthma decisions — 2018

The Veteran's claim of an initial compensable rating for lipoma, anterior neck is dismissed. The Board also remanded the issue of entitlement to an initial rating in excess of 30 percent for asthma.

The Board has determined that further development is needed to address the etiology of the Veteran's respiratory disability, including considering other possible causes such as smoking history. The case is therefore being remanded for a new examination and medical opinion.

The Veteran's claim for service connection for a respiratory disorder, including asthma, is remanded due to the need for a VA examination.

The claim of service connection for asthma was not reopened due to lack of new and material evidence.,Service connection for an acquired psychiatric disability (adjustment disorder with depressed mood) is granted, linked to the Veteran's service-connected conditions.,Compensation under 38 U.S.C. § 1151 for a neck injury sustained in October 2003 while at a VA Domiciliary Program was denied.

The Veteran's claim for service connection has been reopened due to the submission of new and material evidence. The claims for asthma, sinusitis, tinnitus as secondary to asthma and/or sinusitis, and sleep apnea are being remanded for additional development.

The Board has remanded the cases for additional development and opinion regarding service connection for respiratory conditions (COPD, asthma) and psychiatric disorders (PTSD, schizophrenia). The Veteran's COPD and asthma are not presumed to be related to Agent Orange exposure. Service connection is being considered under a direct analysis.

The Veteran's service-connected bronchial asthma with emphysema and right arm gunshot wound to muscle group III are both rated at their maximum levels of disability, and the Board has determined that neither condition warrants a higher rating.

The Veteran's asthma is being remanded for further evaluation due to the lack of a clear opinion linking his current condition to service. The examiner must provide a rationale and consider environmental exposures during service.

The Veteran's chronic lymphocytic leukemia is presumed to be related to exposure to herbicide agents during service. The cause of death, which includes the Veteran's CLL and other conditions, was found to have contributed substantially to his death.

The Board has remanded the cases of service connection for hip disability and low back injury due to new evidence. The earlier effective date claim for asthma remains denied.

The Veteran's lung cancer, diagnosed in 2010, is not service connected as it was not caused by any disease or injury during her active duty. Her asthma and pneumonia were also present before and after service, and there is no evidence linking these conditions to the current lung cancer.

The Board has remanded the claims for arthralgia, muscle pain, sleep disorder (chronic fatigue syndrome), asthma, and GERD due to inadequate examination reports. The Veteran's symptoms must be evaluated in the context of service records and his personal history.

The Veteran's service connection claims for allergic rhinitis, chronic bronchitis, chronic asthma, and COPD are all granted.

The Board found clear and unmistakable error in the March 2009 rating decision that terminated TDIU benefits due to fraud, as the RO did not properly apply the provisions of 38 C.F.R. § 3.343(c) regarding actual employability.

The Board has remanded the case due to incomplete development and a need for an examination. The Veteran's respiratory disorder, including bronchial asthma and pulmonary sarcoidosis, is being reviewed to determine if it was incurred during service or related to service.

The Veteran's claim for service connection for asthma was reopened due to the submission of new and material evidence, and the appeal is granted.

The Board has decided to remand the cases due to insufficient evidence and the need for additional opinions regarding whether the Veteran's obstructive sleep apnea is related to her service-connected asthma or PTSD.

The Board has determined that additional VA examinations and medical opinions are needed to assess the current severity of the Veteran's service-connected disabilities, as well as whether her sleep apnea is related to or aggravated by her military service. The claims for service connection for plantar fasciitis and sleep apnea have also been remanded.

The Board denied the Veteran's claims for non-service connected death pension and service connection for the cause of his death, finding that there was no evidence linking any of his conditions to his active military service.

The Board has remanded the case for further action regarding the Veteran's entitlement to higher initial ratings for his service-connected sleep apnea with asthma.