Asthma decisions — 2020

The Board has remanded the Veteran's claims for asthma, bronchitis, allergic rhinitis, and headaches related to these conditions due to insufficient evidence regarding their onset and aggravation during service.

The Veteran's service-connected disabilities do not render him unable to secure and follow a substantially gainful occupation, thus his claim for TDIU is denied.

The Veteran's service-connected disabilities, including asthma, bilateral pes planus, and sinusitis, do not render him unemployable prior to February 4, 2008. The Board finds that the preponderance of evidence is against his claim for TDIU.

The Board has remanded the Veteran's claims for service connection for a respiratory disorder and sinus disorder due to inadequate VA medical opinions. The Veteran was exposed to second-hand smoke, exhaust fumes, and paint fumes during his active duty service.

The Board has remanded the claims of service connection for asthma and chronic lung infections due to procedural issues, specifically an incorrect mailing address for the Veteran's representative.

The Veteran's asthma is found to have started during his military service and continues to this day, warranting the grant of service connection.

The Board has remanded the case due to incomplete development of records and need for additional medical opinions.

The reduction from a 60 percent rating to a 30 percent rating for asthma, effective February 1, 2018, was proper. The Veteran's asthma does not meet the criteria for a higher rating.

The Board denied the Veteran's claim for service connection for asthma because no new and relevant evidence was submitted to reopen the previously denied claim.

The Veteran's bronchial asthma was rated at 60% from December 23, 2006 to May 31, 2008. The Board granted a higher rating of 60% for the bronchial asthma and remanded the TDIU claim.

Service connection is granted for bilateral hearing loss disability and tinnitus, but denied for low back disability, asthma (claimed as dyspnea), sleep apnea, and hypertension.,The Veteran's current asthma was not manifest in active service or related to service.

The Veteran's previously service-connected disabilities, including asthma and migraines headaches, prevented him from securing and maintaining substantially gainful employment from February 10, 2009 to April 28, 2011. The Board granted TDIU on an extraschedular basis for this period.

The Veteran's appeal for back pay for a 100% permanent rating is dismissed because the notice of disagreement did not specify which decision or issue he was appealing.

The Veteran's appeal for service connection for depression as secondary to gastroparesis and asthma has been dismissed. The claim of entitlement to compensation benefits pursuant to the provisions of 38 U.S.C. § 1151 for gastroparesis, status post-laparoscopic Nissen fundoplication is remanded.

The Board has remanded the claims of asthma, cholangiocarcinoma, gastroesophageal reflux disease, anxiety disorder, and TMJ for further development. The cause of death claim is also inextricably intertwined with these issues.

The Board has remanded the Veteran's claims for asthma, bilateral hearing loss, and knee disabilities due to missing VA examinations. The Veteran was out of the country and scheduled for back surgery which caused him to miss the examinations.

The Veteran's claims for service connection have been denied, and the effective date for the current ratings remains April 26, 2016.

The Veteran's appeal for a higher rating for asthma was dismissed due to the death of the appellant.

The Board denied the Veteran's claim for service connection for asthma, finding that there was no evidence of a pre-existing condition and that the current asthma did not manifest during active service or due to any in-service injury. The Board also found that the Veteran's statements regarding when his asthma began were inconsistent.

The Board has remanded several issues for further development and consideration, including service connection claims for various disabilities. The Veteran's prostate cancer residuals are currently rated at 40 percent, but the issue of a higher rating is denied.