Asthma decisions — 2019

The Board has remanded the Veteran's claims for asthma, COPD, acquired pneumonia, and squamous cell carcinoma due to exposure to radiation, mustard gas, and other toxic agents. The VA is required to obtain a VA examination to determine if these conditions are related to service.

The Board has dismissed the appeals for bilateral hearing loss and asthma as the Veteran requested withdrawal of these issues. The remaining issues have been remanded for further development.

The Veteran's asthma is being remanded for further evaluation and a pulmonary function test (PFT) to determine the current level of severity.

The Veteran's asthma rating has been reduced from 100% to 60%, effective June 1, 2018. The Board is remanding the case for further consideration of these issues and any additional evidence received.

The Board has decided to remand the case due to insufficient evidence regarding the etiology of the Veteran's COPD and asthma, including incomplete service treatment records. The Veteran will need a VA examination to determine if her current respiratory conditions are related to her military service.

The Veteran's claims for service connection have been reopened, and the Board has determined that there is sufficient evidence to support these claims. The Veteran now has service connection for asthma, hypertension, anxiety (now claimed as an acquired psychiatric disorder), and headaches secondary to tinnitus.

The Veteran's appeals for service connection for bilateral hearing loss, sleep apnea, and asthma were dismissed due to the Veteran withdrawing his appeal.,New evidence was received sufficient to reopen claims for service connection for a back disability and a right ankle disability. Service connection is granted for these conditions.

The Veteran is seeking a TDIU due to his service-connected disabilities, including major depressive disorder and sleep apnea. The Board has ordered a remand for further examination and opinion regarding the impact of all service-connected conditions on employment.

The Veteran's service-connected restrictive lung disease and PTSD have not met the criteria for higher disability ratings, with the exception of a TDIU granted since March 29, 2013.

The Board has remanded the case due to incomplete records and the need for further examination. The Veteran's asthma is presumed to have existed prior to service, but the examiner will determine if it was aggravated by military service or directly related to service.

The Veteran's lung disability, including asthma and emphysema, is not service-connected as it was not incurred or aggravated by his military service.

The Veteran's appeal for a total rating based on individual unemployability (TDIU) due to her service-connected headache disability is remanded. The Board acknowledges the Veteran's service-connected disabilities but finds that they do not meet the criteria for a TDIU under 38 C.F.R. § 4.16(a). However, referral to the Director, Compensation Service, for consideration of an extraschedular TDIU on account of her service-connected headache disability is warranted.

The Veteran's bronchial asthma was rated at 60 percent prior to April 9, 2014. From April 9, 2014 to January 24, 2019, the rating increased to 100 percent.

The Veteran's asthma was initially rated as noncompensable, but a higher rating of 30% was granted effective January 6, 2010. Since June 12, 2018, the Veteran has been rated at 60% for emphysema.

The Board has determined that further development is necessary before a decision can be made regarding the Veteran's asthma and SMC claims. The Veteran needs to undergo a VA examination, and her claim for increased disability ratings for asthma and entitlement to SMC based on housebound status from November 17, 2017 are remanded.

The Board has remanded the Veteran's claims due to insufficient development of evidence.,Service connection for a low back condition, any separate and additional respiratory illness (including as due to an undiagnosed illness related to service in Southwest Asia), COPD, and PTSD are all pending.

The Board has remanded four issues related to the Veteran's service connection claims for sinusitis, asthma, lumbar spine disability, and skin condition. The remand requires additional medical opinions regarding the nature and etiology of these conditions.

The Veteran's claims for service connection for hypertension, a back condition, and a skin condition are remanded due to the need for additional development. The claim seeking to reopen service connection for bronchial asthma is also remanded.

The Veteran's claim for service connection for erectile dysfunction is dismissed. The May 2008 rating decision denying service connection for bronchial asthma is considered final, but the claim has been reopened due to new evidence associated with his second period of active duty. Service connection for bronchial asthma is granted as it preexisted his deployment and was aggravated by events during that time.

The Veteran's appeal for service connection for bilateral inadequate foot arches, conjunctivitis associated with asthma, sinusitis associated with asthma, allergic or vasomotor rhinitis associated with asthma, chronic tonsillitis claimed as strep throat, and pseudofolliculitis barbae has been dismissed.,The Veteran's appeal for service connection for erectile dysfunction secondary to asthma and depressive disorder is granted. A rating of 60 percent from June 26, 2014 through April 3, 2016 for asthma is granted.