Asthma decisions — 2020

The Board denied the claim for Dependency and Indemnity Compensation based on permanent incapacity for self-support prior to the age of 18 due to a mental disorder, intellectual functioning deficiencies, and asthma. The evidence did not show that these conditions rendered the appellant permanently incapable of self-support at the time he turned 18.

The Veteran's asthma was rated at 30 percent, which is the highest rating available under VA regulations. The evidence did not meet the criteria for a higher rating as it did not show FEV-1 of 55% predicted or less, FEV-1/FVC of 55% or less, at least monthly visits to a physician for required care of exacerbations, or course of systemic (oral or parenteral) corticosteroids at least three times per year.

The Board has granted service connection for right ear hearing loss, but denied service connection for tinnitus, respiratory disability (asthma), and heart disorder. The decision is based on the evidence showing a relationship between the Veteran's current conditions and his active service.

The Board has remanded the claims for COPD, chronic kidney disease, and asthma due to a lack of compliance with previous directives. The Veteran's service records indicate he was an Atomic Demolition Munitions (ADM) specialist at Fort Belvoir from May 1969 until January 1970. VA must attempt to obtain any radiation exposure records for the Veteran and provide them to the Under Secretary for Health for a dose estimate.

The Board has remanded the claims of service connection for a low back disability and respiratory disorder, including asthma and COPD, due to incomplete medical opinions addressing continuity of symptomatology and causation.

The Veteran's asthma is currently rated at 60 percent, effective January 26, 2015. The Board has remanded the case for a new VA examination to assess the current severity of his service-connected asthma and for further development.

The Veteran's claim for an effective date earlier than August 30, 2015 for the award of service connection for sleep apnea with asthma was denied. The Board also remanded the issue of entitlement to a disability rating in excess of 50 percent for sleep apnea with asthma due to the need for further evaluation.

The Board has remanded the case due to insufficient evidence regarding a respiratory disorder other than asthma, and the need for additional VA examinations.

The Board denied service connection for a respiratory disability, including asthma and chest pains. The Veteran's current diagnosis of asthma is not related to his active duty service.,The Board also denied service connection for memory loss, finding no evidence of such during or recent to the filing of the claim. The Veteran was not diagnosed with memory loss until 2003, approximately eleven years after separation from active service.,Service connection for migraines was denied as well. The August 2016 VA examiner concluded that the Veteran's migraine headaches are likely due to multiple head traumas occurring after his military service.,The Board also denied service connection for a heart disability. The Veteran's pericarditis diagnosis is not related to his active duty service, and the preponderance of evidence does not support a finding that it began during service.

The Board has granted service connection for hemorrhoids but denied service connection for a digestive disorder other than hemorrhoids and remanded the respiratory disorder claim. The case is now pending with the VA examiner to provide an opinion on whether asthma and COPD are related to military service.

The Board granted service connection for right ankle degenerative arthritis, lumbar spine degenerative disc disease and spondylolisthesis (lumbar spine disability), asthma, and tension headaches. The effective dates were assigned based on the Veteran's requests.,The earlier effective date of April 30, 1999 for the grant of service connection for right ankle degenerative arthritis was granted as requested by the Veteran.

The Board has granted service connection for asthma and denied service connection for bladder disorder, heart disorder, diabetes mellitus type II, and splenomegaly. The issues of service connection for these conditions are remanded due to conflicting evidence regarding their etiology.

The Board has dismissed all claims related to the appellant's death, including service connection for asthma prior to May 24, 2019 and for hypertension, PTSD, and sleep apnea.

The Board has decided to remand the case due to the need for additional development, including a VA examination and review of medical records. The Veteran's assertions about asbestos exposure during service are considered, but no specific rating or effective date is assigned.

The Board has decided that the Veteran's asthma may have started during service, but more evidence is needed to confirm this. The AOJ needs to verify the nature of the Veteran’s Reserve service in 2004 and provide an opinion on whether his asthma is related to service.

The Veteran's sleep apnea with asthma is currently rated at 50 percent, and the Board has determined that a higher rating is not warranted due to the severity of his symptoms.

The Veteran's initial compensable rating for his service-connected asthma is being remanded due to the lack of recent VA medical records. The Board requests updated VA treatment records and will readjudicate the claim after receiving them.

The Veteran's claims of service connection for asthma and low back disability have been reopened, with the right ankle disability claim remaining denied.,Service connection has been granted for allergic rhinitis.

The Board has decided to remand the case due to the need for a VA examination to determine if sleep apnea is related to service or any incident thereof, and whether it is proximately due to or the result of service-connected disabilities.

The Veteran's claim for an earlier effective date for the grant of service connection for asthma is dismissed because it amounts to a freestanding earlier effective date claim, which cannot be raised without alleging CUE in prior decisions. The Board found no new theory of CUE and thus dismissed the appeal.