Asthma decisions — 2019

The Board has remanded the Veteran's claims for service connection for various conditions, including gout and pseudogout, asthma, sleep apnea, kidney condition, skin cancer, and heart condition, all of which are alleged to be due to exposure to herbicides in service.

The Veteran's left knee disability is rated at 60 percent, which is the maximum schedular rating allowed. The Board finds that a higher rating is not warranted and grants the TDIU claim.

The Board denied service connection for COPD with asthma, finding that the evidence did not support a link to active service or presumed exposure to herbicide agents.

The Veteran's asthma is found to have started during his active service and the Board finds in favor of granting service connection for asthma.

The Veteran's appeal is remanded due to the improper combination of sleep apnea and asthmatic bronchitis, which are evaluated under different diagnostic codes. The VA needs to separate these conditions and obtain updated VA examinations to accurately assess their severity.

The Board has decided to remand the Veteran's claims for further development due to inadequate examination reports and exposure history.

The Veteran's claim for a higher rating for his sleep apnea (which includes bronchial asthma) is remanded due to the need for additional evidence and an examination.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) because he failed to report for multiple VA examinations in October 2015 without good cause and entitlement to TDIU could not be established without current VA examinations.

The Board has granted the Veteran's petition to reopen his claims for service connection for skin disorder and bronchial asthma. However, the appeal is denied as to the bilateral knee disorder, heart condition, and difficulty urinating.,Service connection for a skin disorder (claimed as dermatitis) is remanded due to the need for further clarification on whether it preexisted service.

The Veteran's service-connected disabilities, including back pain and knee conditions, prevent him from securing or following a substantially gainful occupation. The Board finds that the evidence shows he is entitled to an award of a TDIU rating based on his service-connected disabilities.

The Veteran's prostate condition, ischemic heart disease (IHD), diabetes mellitus, COPD, and bilateral eye condition are being remanded for further evaluation due to the need for additional medical opinions regarding their etiology.

The Veteran's respiratory conditions, including asthma and COPD, are being remanded for further evaluation due to the lack of a VA examination and consideration of his in-service exposure.

The Veteran's appeal regarding an increased disability rating in excess of 40 percent for service-connected right lower extremity post-operative occlusion of popliteal artery is dismissed. The Board also remanded the issue of entitlement to an increased disability rating in excess of 30 percent for service-connected bronchial asthma.

The Board has remanded the Veteran's claims for further development due to inadequacies in previous VA examination opinions and inconsistencies with other evidence of record.

The Veteran's asthma and sleep apnea have been granted service connection. The back disorder, TBI, knee disorders, and pain syndrome have not been granted service connection.,The Veteran has a current diagnosis of asthma and sleep apnea that is related to his active service.

The Veteran's sleep apnea is granted as secondary to his service-connected asthma disability. The VA has remanded for further examination and opinion regarding the severity of his asthma disability, an effective date prior to April 29, 2009, and entitlement to TDIU.

The Board has determined that the Veteran's claim for service connection for PTSD cannot be reopened, and his claims for increased ratings for allergic rhinitis and asthma since July 16, 2013, as well as for diabetes mellitus type II are remanded.

The Board has determined that new and material evidence has been received to reopen the claim of service connection for asthma. The case is remanded for a VA examination to determine the nature and etiology of any currently present asthma.

The Veteran's appeal for service connection on multiple conditions has been remanded due to the need for additional medical opinions and examinations.

The Board denied the Veteran's claim for an effective date prior to October 3, 2008 for his award of total disability rating based on individual unemployability (TDIU) as he did not meet the threshold minimum schedular percentage standards under 38 C.F.R. § 4.16(a) for a TDIU prior to that date.