Asthma decisions — 2018

The Board denied the Veteran's claims for service connection for various conditions, finding that new and material evidence was not submitted to reopen these claims.

The Veteran's asthma with sleep apnea is rated at 60% since September 10, 2013. The effective date for the grant of service connection for asthma and a rating for right hip tendonitis has been set as August 3, 2009.

The Board has granted service connection for COPD as secondary to the Veteran's service-connected asthma. The TDIU issue is remanded.

The Board found that the Veteran was properly found to be rehabilitated for purposes of the vocational rehabilitation program, but there is insufficient evidence to determine whether his service-connected disabilities have worsened to the extent that they preclude him from performing the duties of school paraprofessional or if the occupation is now unsuitable on the basis of his specific employment handicap and capabilities. The case is REMANDED for additional development.

The Veteran's claims for service connection for asthma and obstructive sleep apnea are being remanded to obtain additional medical records, particularly from his VA treatment in New York prior to 2002. The AOJ must also attempt to obtain private emergency room records from the 1990s where the Veteran reported breathing problems.

The Veteran's service-connected asthma and other disabilities do not meet the criteria for SMC based on need for aid and attendance of another or specially adapted housing. The Board found that the primary cause of the need for aid and attendance is due to non-service-connected COPD, rather than service-connected asthma.

The Veteran's hepatitis C has been rated at 100% since October 13, 2014. The effective date for the dependency allowance is set to June 2016. The Veteran is granted TDIU due to his service-connected disabilities.

The Board denied the Veteran's claims for service connection for sinusitis, right ankle disability, and an initial rating in excess of 60 percent for asthma prior to March 21, 2017. The Veteran's right ankle disability was found not to be aggravated by service due to its preexistence. Service connection for asthma is granted but with a limitation on the effective date.

The Veteran's asthma and right shoulder disability have been granted service connection.,Service connection for digestive disabilities other than IBS, including GERD, hiatal hernia, esophageal stricture, esophageal spasm, and duodenal ulcer has also been granted. The pulmonary issues are being remanded.

The Board finds that the Veteran's service-connected disabilities, standing alone, effectively preclude all forms of substantially gainful employment.

The Veteran's asthma is currently rated at 30 percent, the maximum rating available under the applicable diagnostic criteria. The evidence does not support a higher rating as his pulmonary function tests have not worsened to the extent that a 60 percent rating would be appropriate for asthma.

The Veteran's appeal is being remanded for additional development, including a VA examination to determine the nature and etiology of his COPD, asthma, hypertension, heart condition, and bilateral lower extremity edema.

The Veteran's service-connected bronchial asthma does not meet the criteria for special monthly compensation based on need for aid and attendance or housebound status.

The Board has determined that the Veteran's asthma and sleep apnea were not incurred or aggravated during active service, nor are they related to her service-connected allergic rhinitis.,Both conditions were diagnosed many years after separation from service.

The Board has remanded the case due to incomplete records and an inadequate VA medical opinion. The Veteran's claim for service connection for respiratory disability, including asthma and COPD, is pending.

The Veteran's claims for service connection for bilateral hearing loss and tinnitus are granted. The remaining issues remain pending.

The Board found that the Veteran's asthma condition was not caused or aggravated by his active duty service and denied his claim for service connection.

The Veteran's appeals for service connection for various conditions have been dismissed due to withdrawal of the claims by the Veteran.,New and material evidence has been received to reopen a claim for an acquired psychiatric disorder, but the claim remains denied.

The Veteran's claim for service connection for a respiratory condition, including asthma, COPD, and bronchitis, is being remanded due to inadequate medical examinations. The VA will obtain an opinion that takes into consideration the conceded asbestos exposure in-service and other exposures such as smoke inhalation.

The Veteran's allergic rhinitis is granted as service connected. The claim for asthma was reopened and remains pending.