Asthma decisions — 2020

The Board has granted reopening of the previously denied claims for service connection for hypertension and tinea pedis, but denied reopening of the claim for morbid obesity with reduced vital capacity. The Veteran's asthma is rated at 30 percent, right lower extremity peripheral neuropathy associated with diabetes mellitus prior to June 25, 2014 is rated at 10 percent, left lower extremity peripheral neuropathy associated with diabetes mellitus prior to June 25, 2014 is rated at 10 percent, and diabetic nephropathy is rated at 100 percent. The claims for increased ratings are all denied.

The Board has remanded the claims for extraschedular consideration for bronchial asthma and TDIU due to gaps in VA treatment records, incomplete information from the Veteran, and need for further development of Social Security Administration records.

The Board has remanded the Veteran's claims for service connection due to incomplete STRs and need for additional medical opinions. The issues include right knee, left knee, psychiatric disability (including PTSD), skin condition, asthma or respiratory condition, headache condition, and sleep apnea.

The Veteran's asthma is currently rated as 30 percent disabling. The Board found that the evidence did not meet the criteria for a higher rating, including FEV-1 of 40 to 55 percent predicted or an FEV-1/FVC ratio of 40 to 55 percent.

The Board has decided to remand the case due to conflicting medical opinions regarding whether the Veteran's asthma was incurred during service. The VA needs to clarify the type of duty performed during ADSW and ACDUTRA, and obtain a new medical opinion to determine if there is any relationship between the Veteran's exposure to environmental pollutants and his asthma.

The Board has remanded several issues related to the Veteran's service connection claims due to outstanding VA treatment records and updated SSA records. The Veteran's substance abuse and CAD are also being reviewed for secondary service connection.

The Veteran's asthma is rated at 60 percent since February 22, 2013. A total disability rating due to individual unemployability (TDIU) is granted from August 25, 2017.

The Veteran's asthma is currently rated at 30 percent, but the Board finds that his disability does not meet or nearly approximate the criteria for a higher rating under Diagnostic Code 6602. The preponderance of evidence does not reflect the required manifestations to warrant a higher rating.

The Board has remanded the claims for service connection due to insufficient development of records and unavailability of the Veteran.

The Veteran's service-connected disabilities (PTSD, lumbar spine disorder, asthma, and tinnitus) have rendered him unable to secure or follow substantially gainful employment. As a result, the Board has granted a TDIU rating.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities, finding that his service-connected conditions did not prevent him from securing and following substantially gainful employment.

The Veteran's claims for service connection for various conditions, including right shoulder, left elbow, and right elbow arthritis, COPD, and kidney stones were denied. The Board found no evidence of a nexus between the current diagnoses and service or any presumptive exposure.,Service connection was not granted as there is insufficient evidence to establish a link between the Veteran's current condition and his military service.

The Veteran's claim for an earlier effective date for PTSD is denied as no indication of intent to apply prior to November 26, 2014 was found.,Service connection for asthma (claimed as a lung inhalational injury) is granted based on the onset during service and continued since then.,The Veteran's TBI claim requires clarification due to insufficient rationale in the August 2017 VA examination report.,A new VA examination is needed to determine the current severity of the low back disability (DDD at L4-L5).,Left wrist and left shoulder conditions require a new VA examination for proper assessment.,Hypertension, gastroenteritis, and sleep apnea are remanded issues as no specific service connection theory or exposure basis is provided.,Service connection for asthma (claimed as a lung inhalational injury) is granted based on the onset during service and continued since then.

The Veteran's claim for increased ratings for his service-connected respiratory disability was denied. The current rating of 60 percent is maintained as the disability does not meet the criteria for a higher rating under VA regulations.

The Veteran's claims for higher ratings on her service-connected bilateral lower extremity disability, pes planus, and ankle disabilities are being remanded due to the need for new VA examinations. Her claims for service connection for asthma, restless leg syndrome, and depression remain pending.

The Board denied service connection for a bleeding disorder, asthma, and squamous cell carcinoma. The Veteran's exposure to herbicide agents in Korea is not conceded.

The Board denied service connection for COPD, finding that the evidence did not support a link between the condition and the Veteran's in-service exposures or his active duty service.

The Board has remanded the claims for asthma and allergic rhinitis due to insufficient opinions regarding whether these conditions are related to service.

The Board has granted an effective date of February 11, 2009 for the awards of a TDIU and DEA benefits. The Veteran's service-connected disabilities have rendered him unable to obtain and maintain substantially gainful employment since at least February 11, 2009.

The Veteran's asthma and migraines claims are remanded due to the need for new examinations to assess their severity and etiology.