Asthma decisions — 2019

The Veteran's asthma, lumbar strain, chronic sinusitis, and allergic rhinitis have been granted service connection. The Veteran is now entitled to a 40% rating for his lumbar strain, a 30% rating for his chronic sinusitis, and a 10% rating for his allergic rhinitis.

The Board has found that further development is necessary for both the claims of an initial compensable rating for service-connected allergic rhinitis and a higher initial rating for service-connected asthma. The appellant's VA treatment records indicate she receives care outside of the VA system, and these records are relevant to establishing the severity of her disabilities.

The Board denied the Veteran's claims for higher levels of special monthly compensation under 38 U.S.C. § 1114(o) and 38 C.F.R. § 3.350(f)(3), finding that he did not meet the criteria for these rates based on his service-connected disabilities.

The Board has determined that the Veteran's asthma pre-existed service and was not aggravated by service, thus denying his claim for service connection.

The Board denied service connection for respiratory disability and denied an initial compensable rating for status post fractures of the right 3rd, 4th, and 5th ribs. The Veteran's rib fractures did not meet criteria for a higher rating based on Diagnostic Code 5297.

The Veteran's claim for service connection for headaches is reopened, and the claims for gastroesophageal reflux disease (GERD), deviated septum, sinusitis, allergic rhinitis, and asthma are remanded.

The Board is remanding several claims for further development, including those related to left knee osteoarthritis and other service-connected disabilities.,Additional medical records are needed to clarify the etiology of the Veteran's claimed conditions and determine if they are related to her military service or service-connected disabilities.

The Board denied service connection for diabetes, asthma, pityrosporum folliculitis, and actinic keratosis as the evidence did not support a finding that these conditions were incurred or aggravated by active service.

The Board denied the Veteran's claims of service connection for allergic rhinitis and asthma, finding that there was no evidence to support a direct link between these conditions and his military service.

Service connection for a bilateral knee disability is granted.,Service connection for asthma is granted.,Service connection for tinnitus is granted.

The Board denied service connection for various conditions, including right knee arthralgia, fibromyalgia, chronic fatigue syndrome, bronchitis, asthma, cardiovascular condition, gastrointestinal disability, skin disability, hair loss, neurologic symptoms in the upper extremities, and pulmonary vascular disease. The decision also granted an initial 20 percent rating for plantar fascial fibromatosis with hammertoe right foot and left foot starting December 21, 2016.

The Veteran's service-connected bronchial asthma is considered a contributory cause of his death due to aspiration pneumonia and decompensated chronic liver disease. The Board finds the evidence in equipoise, granting service connection for the cause of the Veteran’s death.

The Board has remanded the Veteran's claims for service connection due to internal inconsistencies in previous opinions and lack of verification of mustard gas exposure. The claims are also remanded for a TDIU determination.

The Board has remanded the Veteran's claims for service connection for a respiratory disorder and sleep apnea due to conflicting evidence of record. The AOJ must obtain VA addendum opinions addressing whether the Veteran’s current asthma, COPD, and sleep apnea are related to his presumed herbicide exposure in Vietnam and/or secondary to his service-connected Parkinson’s Disease.

The Board has remanded the case due to issues related to a motion alleging clear and unmistakable error (CUE) in an earlier rating decision, and the need to determine if there is still a case or issue in controversy before the Board.

The petition to reopen the claim of entitlement to service connection for gastritis is granted.,The petition to reopen the claims of entitlement to service connection for asthma and joint pain of fingers and toes are also granted.

The Veteran's initial rating for tinnitus has been dismissed. An initial compensable rating of 10% has been granted for left thumb degenerative arthritis with flexor tendinitis.,Service connection claims for asthma, depression and anxiety, right shoulder disorder, left shoulder disorder, hearing loss, and immunoglobulin A nephropathy have all been remanded.

The Board has remanded the cases for additional development to address whether the Veteran's breathing disorder (including asthma) and GERD are related to his military service, specifically exposure to dust and pulmonary irritants during Desert Storm.

The Veteran's claims for service connection have been reopened, but the Board has determined that additional evidence is needed to decide his respiratory and neck disability claims.

The Board has remanded several of the Veteran's claims due to new evidence not previously reviewed by the RO.