Asthma decisions — 2020

The Board has remanded the case due to inadequate opinions on whether the Veteran's asthma is aggravated by his service-connected PTSD and depressive disorder with psychotic features. The case needs further clarification from a pulmonologist.

The Veteran's service-connected asthma did not render him unable to secure or follow a substantially gainful occupation prior to June 29, 2017. The Board found that the Veteran had other disabilities and nonservice-connected conditions that prevented employment.

The Board denied service connection for a lung disorder, including bronchiectasis and asthma, as the Veteran's pre-existing bronchiectasis did not worsen during his military service.

The Veteran's claim of service connection for asthma is being remanded due to a duty-to-assist error. The examiner must provide an opinion regarding whether the Veteran's asthma began in service or is related to service.

The Board has determined that the Veteran's left ankle disability, presumed secondary to his right ankle and right knee disabilities as well as asthma, should be remanded for further development.

The Board has remanded the case due to an inadequate VA examination, and further development is needed to determine if the Veteran's respiratory conditions are related to service exposure.

The Board denied the Veteran's claim of service connection for asthma, finding that his pre-existing asthma did not worsen during military service and was resolved upon discharge. The Board concluded that there is no evidence to support aggravation beyond its natural progression.

The Board has remanded the Veteran's claims for service connection due to incomplete development and lack of adequate medical opinions. The issues include frequent fevers, chills, and sweats; recurrent tonsillitis and pharyngitis; sleep apnea secondary to PTSD; hypogonadism secondary to left testicular varicocele; and a respiratory condition (including asthma, sinusitis, and rhinitis).

The Board has remanded the claims for lung disability and brain disease due to trauma, as they are related to active service. The Veteran's symptoms need further examination by VA to determine if they are related to his service.

The Veteran's appeals for service connection on multiple conditions have been withdrawn. The Board has remanded the claim of service connection for an acquired psychiatric disorder, including PTSD.

The Veteran's asthma with inactive tuberculosis was rated at 30 percent from September 28, 2012 to January 9, 2013 and in excess of 30 percent thereafter. The Board denied the claim for higher ratings as there was no evidence showing active tuberculosis or requiring more than intermittent bronchodilator therapy.

The Veteran's appeal was denied as her obstructive sleep apnea and asthma are rated under a single 50 percent disability rating, which is the most beneficial for her respiratory disorders. Separate evaluations for these conditions were not granted due to the binding nature of applicable statutory and regulatory provisions.

The Board denied service connection for COPD, finding that the Veteran's asthma pre-existed service and was not aggravated by active duty. The Board also found against service connection for COPD due to lack of evidence showing it existed prior to service or being related to exposure during service.

The Board has determined that new and relevant evidence has been submitted to reconsider the claim of service connection for asthma. The case is being remanded for a VA examination.

The Board has remanded the Veteran's claims for service connection for respiratory conditions and obstructive sleep apnea due to inadequate medical opinions regarding the etiology of his conditions. The Veteran is seeking service connection for asthma, pneumonia, and allergies, which he contends are related to burn pit exposure during deployment in Iraq. He also seeks service connection for obstructive sleep apnea as secondary to his respiratory condition.

The Veteran's claim for separate ratings for OSA and asthma is remanded as VA regulations do not allow for separate ratings for these respiratory conditions. The Board agrees with the previous rating decision that only one disability rating will be assigned, based on which condition is predominant.

The Board has remanded the claims for asthma, emphysema, COPD, and sleep apnea due to asbestos exposure. The Veteran's VA physician diagnosed him with emphysema in the past, but there is no evidence of this diagnosis in the record. Additional attempts must be made to locate the 1980s chest x-ray and an additional VA opinion should be obtained to determine whether the Veteran has a current diagnosis of emphysema and if it is related to service. The issue of sleep apnea is also remanded as it may be caused or aggravated by any respiratory condition, including emphysema.

The Board has remanded the Veteran's claims for additional development and medical opinions to address service connection for anemia and respiratory disorders, including those related to herbicide exposure in Vietnam. The claims are being returned to the RO for further action.

The Veteran's asthma was not related to service, as there is no evidence of a diagnosis or treatment for asthma during service and the condition resolved prior to her separation examination. The Board found that the Veteran did not have a current disability due to an in-service injury or event.,The Veteran does not meet the criteria for a current diagnosis of PTSD, as she was unable to provide details about any specific stressor events during service that would support a PTSD diagnosis.

The Board has granted service connection for asthma and remanded the Veteran's claim for recognition of L.G. as his 'helpless child'. The Veteran is entitled to an initial rating for asthma.