Asthma decisions — 2018

The Veteran's claims for service connection are being remanded due to the need for additional medical records and a new VA examination.

The Veteran's claim for an earlier effective date for a 100% rating for bronchial asthma is being reopened due to the submission of new and material evidence. However, the claim cannot be granted as it does not meet the criteria for an earlier effective date under VA regulations.

The Veteran's appeal is being remanded due to the need for additional examinations and records review. He seeks service connection for obstructive sleep apnea and an increased evaluation for his asthma.

The Veteran's asthma and OSA are being remanded for further examination, as the current examinations are inadequate. Service connection claims for fibromyalgia and chronic fatigue syndrome are also being remanded.

The Veteran's appeal for service connection and increased ratings was dismissed due to the Veteran's representative withdrawing the appeals. The Board granted a TDIU based on the Veteran's service-connected disabilities.

The Veteran's claim for asthma has been broadened to a claim for a breathing condition, to include asthma. The Board finds that the Veteran is not entitled to an initial compensable evaluation for his left ankle disability and hammer toes.,The Veteran seeks increased ratings for his right knee disability, left ankle disability, and hammer toes. However, the evidence does not support granting higher evaluations.

Prior to October 15, 2015, the Veteran's asthma was rated at 30 percent.,From October 15, 2015, the Veteran's asthma warranted a rating of 60 percent.

The Board has determined that the Veteran's asthma, which he claims was first diagnosed in service and continued thereafter, is service connected. The decision affords him the benefit of doubt due to the evidence being at least in equipoise regarding whether his current asthma was incurred in service.

The Board has denied the Veteran's claims for service connection for COPD, asthma, bilateral hilar adenopathy, and obstructive sleep apnea as these conditions are not shown to be related to his military service or a service-connected disability.

The Veteran's service-connected disabilities have rendered her unable to secure and follow substantially gainful employment since July 5, 2016.

The Board has granted service connection for the Veteran's respiratory disorders, including COPD, chronic bronchitis, emphysema, asthma, and bronchiectasis, finding that his in-service exposure to smoke and herbicides caused these conditions.

The Veteran's combined rating was determined to be 90 percent, effective November 14, 2011. The Board found that the current ratings were accurate and an increased rating is not warranted.

The Veteran's claim for service connection for asthma as secondary to his service-connected allergic rhinitis is being remanded due to ambiguity in the medical records and need for further clarification of diagnoses.

The Board denied the Veteran's claims for service connection for COPD, bronchitis, and asthma. The decision concluded that these conditions are not related to his military service or presumed herbicide exposure.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not support a higher rating for bronchial asthma prior to February 7, 2017 or from February 7, 2017 onwards. Service connection was also denied for sleep apnea, hypertension, and chronic sinusitis.

The Veteran's appeal is being remanded for additional development, including obtaining a VA examination to address the current severity of his migraines and asthma, as well as whether these conditions are related to service.

The Veteran's asthma is found to be incurred in service, while his right knee disorder is not shown to have been incurred or aggravated by service.

The Board has remanded the case for additional development to address the Veteran's claims regarding his lung disorders, including bronchiectasis and asthma. The remand includes obtaining an addendum opinion from a VA examiner to determine if the Veteran's current diagnoses pre-existed service or were aggravated by service, as well as whether they are related to military service, including herbicide exposure.

The Board found that the Veteran's asthma is not related to his military service, including exposure to herbicide agents or service-connected conditions.

The Veteran's service-connected obstructive sleep apnea with asthma was found to meet the criteria for a 60 percent disability rating from December 5, 2014 to December 4, 2015. Prior to that date, the predominant condition was obstructive sleep apnea.