Asthma decisions — 2018

The Board has granted the Veteran's claim for TDIU, finding that his service-connected disabilities limit him to sedentary employment. The earlier effective date claim for asthma was withdrawn by the Veteran.

The Board denied an earlier effective date for the grant of service connection for asthma in February 2001. The Veteran's motion to revise or reverse this decision on grounds of clear and unmistakable error (CUE) is denied.

The Board has dismissed the Veteran's appeals regarding his claims of service connection for a skin disorder, bronchial asthma, refractive error, and cataracts as he withdrew these issues prior to the issuance of a decision.

The Board has determined that the Veteran's current diagnosis of asthma resulting from service is sufficient to grant her claim for service connection.

The Veteran's respiratory disorders, including chronic bronchitis, asthma and COPD, were not incurred in or aggravated by his active service. The Board found that the onset of these conditions occurred after discharge from service and was more likely related to a chemical burn incident at work in the 1990s.

The Veteran withdrew his appeal for the claim of a separate evaluation for bronchial asthma prior to the Board's decision.

The Veteran's bronchial asthma, now diagnosed as ACOS, has been rated at the maximum 100 percent since January 13, 2006. The cause of death listed on his death certificate was atherosclerotic heart disease, but chronic obstructive pulmonary disease (COPD), congestive heart failure and renal disease were also noted as significant conditions contributing to his death.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and requesting an addendum examination to determine the relationship between his claimed conditions and service.

The Board has denied the Veteran's claims for service connection for hypertension, stomach ulcers, acid reflux, allergies, asthma, COPD, and chronic sinusitis as these conditions are not related to his military service.

The Veteran's service-connected disabilities do not meet the criteria for Vocational Rehabilitation benefits under Chapter 31, Title 38, United States Code. The Board found that her employment is consistent with her abilities and interests, and she has overcome any impairment of employability caused by her service-connected conditions.

The Veteran's asthma required daily use of systemic corticosteroids, leading to a 100% evaluation. For bilateral cataracts prior to December 16, 2014, the Veteran had visual acuity of 20/40 or better in one eye and light perception only in the other; from December 16, 2014, she had limited vision (light perception) in both eyes. The Board granted a 100% evaluation for asthma and assigned staged ratings for cataracts.

The Veteran's respiratory disability, including asthma and COPD, is granted as service-connected. The Board found clear and unmistakable evidence that the Veteran had a history of asthma prior to service, but did not find such evidence sufficient to rebut the presumption of soundness under 38 U.S.C. § 1111 or the presumption of aggravation under 38 U.S.C. 1153.

The Veteran's initial ratings for asthma with rhinitis and sleep apnea were restored, while the skin disorder claim was remanded.

The Veteran's claim for service connection for sleep apnea as secondary to his service-connected asthma is being remanded due to the need for additional development, including obtaining a VA opinion on whether the service-connected asthma aggravated the Veteran's current sleep apnea.

The Veteran's claims for service connection for bilateral hearing loss, tinnitus, and a respiratory condition (claimed as asthma) are all granted. The Veteran has current diagnoses of these conditions and there is sufficient evidence to establish a link between each condition and his active service.

The Veteran's asthma was not found to be related to service or environmental exposures. Service connection for OSA and an acquired psychiatric disability, including PTSD, anxiety, and depression, were denied.

The Board has determined that additional development is necessary before the issues on appeal can be decided.

The Veteran's asthma, bilateral hearing loss, and tinnitus claims were denied. The Board found that the evidence did not meet the criteria for a higher initial rating for asthma or service connection for bilateral hearing loss or tinnitus.

The Veteran's claims for asthma, hypertension, diabetes mellitus, type II, and skin cancer on hands, face, and neck were denied as there was no new and material evidence received to reopen the claims. The skin cancer claim is also denied due to lack of service connection.

The Veteran's claim for an initial evaluation in excess of 10 percent for asthma has been granted with a 30% rating from May 25, 2012 to December 16, 2013 and a 60% rating since July 20, 2015. The issue of an earlier effective date for the grant of service connection for asthma has been withdrawn by the Veteran. His claim for TDIU is inextricably intertwined with his psychiatric disorder claim.