Asthma decisions — 2019

The Veteran's claims for service connection for bilateral hearing loss, hemorrhoids, and respiratory disability (asthma) have been reopened. The claim for increased rating of PTSD has been remanded.

The Veteran's claims for service connection for various conditions, including shortness of breath, chest pain, asthma, bronchitis, sinusitis, bilateral leg disorder, coughing, tinnitus, and allergies, have been denied as there is no evidence showing a current disability or linking these conditions to his military service.

The Veteran's claim for service connection for asthma was denied, and the Board found that an earlier effective date is not warranted as the claim was received on June 27, 2014.

The Veteran's service-connected disabilities did not prevent him from securing and following a substantially gainful occupation prior to February 11, 2016. Therefore, an earlier effective date for the TDIU is denied.

The Board has decided to remand the case due to the need for a VA examination to determine if the Veteran's sleep apnea is caused or worsened by his service-connected bronchial asthma.

The Board has denied the Veteran's claims for service connection for gout, chronic laryngitis, asthma, obstructive sleep apnea, and sinusitis. The issues of entitlement to initial ratings for residuals of a right hand fourth finger fracture have been granted.,Additional examinations are needed to determine if any of these conditions are secondary to a service-connected disability.

The Veteran's claims for service connection for asthma, COPD, and asbestosis are remanded due to conflicting diagnoses and the need for updated examinations. The impact of a coronary artery bypass surgery on pulmonary function tests is also unclear.

The Veteran's death prevented the appellant from being substituted as claimant, and thus his appeal for substitution was denied.

The Veteran's radiation pneumonia with asthma is granted a 100% rating effective August 11, 2014.,Prior to August 11, 2014, the Veteran's condition was not rated higher than 60%. The decision also denies TDIU prior to December 15, 2012.

The Veteran's asthma, including exercise-induced asthma, is found to have developed as a result of his service in Iraq and exposure to burn pits. The Board finds that the evidence is at least in equipoise, granting service connection for asthma.

The Board has remanded the Veteran's claims for asthma and left hand/wrist disability due to the need for additional evidence, including VA medical examinations.

The Board has determined that the Veteran's respiratory disability, including bronchiectasis, COPD, emphysema, pulmonary fibrosis, and asthma, is related to his in-service pneumonia. As such, service connection for a respiratory disability is granted.

The Board has remanded the case due to conflicting evidence regarding whether the Veteran's asthma existed prior to service and if it was aggravated by service. The VA examiner’s opinion is inadequate for adjudicating this claim.

The Board has decided to remand the Veteran's claims for lung disorder, keratosis of the whole body, and melanoma with scars due to insufficient medical opinions provided in September 2015. The AOJ is instructed to obtain additional evidence from VA records and private sources, arrange for an addendum opinion from a physician, and ensure all actions are taken in compliance with this decision.

The Veteran's respiratory disorder, including asthma, bronchitis, and pneumonia, may be related to his in-service exposure to second-hand smoke. However, the VA examiner did not provide an opinion regarding this relationship. The case is remanded for a new examination to determine if the current respiratory disorders are caused by service.

The Board has remanded the issues of service connection for asthma, deviated septum, and a heart disability due to duty to assist errors. The Veteran is seeking service connection for these conditions based on exposure to diesel fuel and other fumes during his military service.

The Board denied the Veteran's claims of service connection for diabetes mellitus, COPD, asthma condition, hypertension, and obstructive sleep apnea, finding that there was no evidence to support a link between these conditions and his military service.

The Veteran's service-connected disabilities, including asthma and residuals of a deviated septum with multiple surgeries (rhinosinusitis, epistaxis, anemia), are found to preclude him from obtaining or maintaining substantially gainful employment. The Board grants the TDIU claim based on this finding.

Service connection for PTSD is granted, and the Veteran's asthma rating remains at 30 percent.,The Veteran's TDIU claim is granted, but subject to specific laws and regulations regarding monetary benefits.,The cervical spine disability issue is remanded for further review.

The Board has remanded the case due to insufficient opinions regarding whether the Veteran's sleep apnea is related to his military service and whether it is caused by or aggravated by his service-connected asthma and/or rhinitis.