Asthma decisions — 2019

The Veteran's claim for a higher rating for his right knee and an earlier effective date for asthma were denied. The Board found that the Veteran is not entitled to a rating in excess of 30 percent for his right knee, status post total knee replacement, and that there is no basis to grant an effective date prior to April 14, 2015, for the award of service connection for asthma.

The Board has remanded several issues for further development and consideration, including the reopening of claims for service connection for various conditions. The Veteran's service records are to be obtained, as well as relevant VA and private treatment records.

The Veteran's claim for service connection for bilateral hearing loss and tinnitus has been reopened, but the evidence does not support a finding of current disability. The Board is remanding the claims for residuals of traumatic brain injury (TBI), pulmonary disability including asthma, low back disability including scoliosis, and bilateral knee disability.,The Veteran's claim for service connection for TBI was denied as there was no in-service injury or disease, and the evidence does not support a finding that his current symptoms are related to service.

The Board denied service connection for allergic rhinitis and asthma, finding that the Veteran's conditions did not begin during or are etiologically related to his active duty service.

The Board denied the Veteran's attempt to reopen his claim for service connection for a positive TB skin test, as new evidence did not relate to an unestablished fact necessary to substantiate the claim.

The Veteran's claim for service connection for sleep apnea, to include as secondary to service-connected asthma, has been reopened. The case is remanded due to the need for a new VA examination and determination of eligibility for dental treatment.

The Veteran's asthma and thoracolumbar spine disability are currently rated at 30 percent and 20 percent, respectively. The Board has decided the asthma rating in favor of the Veteran but has remanded for further development regarding his thoracolumbar spine disability.

The Veteran's claims for service connection have been reopened, and the Board has determined that there is new and material evidence to reopen the claims. The issues of service connection are being remanded due to insufficient opinions provided in previous evaluations.

The Veteran's asthma with a history of empyema, thoracotomy, and thoracostomies was rated at 30 percent since October 1, 2005. The Board found that the evidence did not support a higher rating based on his respiratory symptoms.

The Veteran's claims for service connection are granted for prolapsed hemorrhoids, bilateral hearing loss, and chronic obstructive pulmonary disease. The remaining issues have been remanded due to the need for additional medical opinions.

The Board has decided that the Veteran's sleep apnea is not caused or aggravated by his service-connected asthma, and thus denied the claim. The decision is remanded to obtain a proper medical opinion regarding whether the Veteran's asthma causes or aggravates his sleep apnea.

The Board has restored the Veteran's PTSD rating from 70% to 50%, finding that there was no sustained improvement in his condition. The asthma rating reduction from 10% to noncompensable is upheld due to clear and unmistakable error (CUE).

The Board has decided that the Veteran's asthma is not related to his service, and thus remands the case for further examination.

The Board has granted the Veteran's claim for service connection for sleep apnea, including as secondary to her service-connected persistent depressive disorder and asthma. The decision is based on evidence showing that the Veteran's sleep apnea is caused and/or aggravated by her service-connected psychiatric disability and asthma.

The Veteran's claims for service connection for exercise induced asthma, vision disorder (splotches in vision), left hand disability, and right foot disability have been denied.,The Board has determined that the Veteran does not meet the criteria for service connection as his claimed conditions were not shown to be related to his military service.

The Veteran's appeal for service connection of a respiratory disability, including asthma and bronchitis, has been dismissed due to the death of the appellant.

The Board has decided that the Veteran's claims for service connection for bilateral hearing loss and asthma need further investigation and evidence collection. The decision is remanded to allow for additional development.

The Board denied service connection for face numbness and tingling, reduced pulmonary function, Morton’s neuroma of the left foot, and asthma as there was no evidence of a current disability.,Service records showed diagnoses such as metatarsalgia, arthritis, Morton's Neuroma, and Freiberg's disease but did not include any diagnosis for face numbness and tingling or reduced pulmonary function.

The Veteran's death was not due to a service-connected disability, and the Board denied both DIC under 38 U.S.C. § 1318 and service connection for the cause of death.

The Veteran's asthma and headaches have been granted service connection. The heart condition and tinea versicolor issues are remanded for further examination and opinion.