Asthma decisions — 2020

The Veteran's OSA with asthma is rated at 50 percent, effective June 1, 2011. The Board denied a higher rating as the evidence did not show chronic respiratory failure or tracheostomy.,Gout was granted an initial 20 percent rating, effective June 1, 2011. The Veteran had at least four gout flares per year and his medication controlled his symptoms.,Migraines were denied a compensable rating as the evidence did not show prostrating attacks averaging one in two months over the last several months.,Right shoulder disability was granted a 30 percent rating effective March 26, 2019. The Veteran had limitation of motion at shoulder level and midway between side and shoulder level.,Bilateral upper extremity neurological disability was granted a 10 percent rating prior to March 26, 2019, but denied any higher rating thereafter.,Left upper extremity neurological disability was denied any higher rating.

The Board has decided to remand the case due to insufficient medical opinions regarding the Veteran's asthma and its relationship to service.

The Board has dismissed the appeal of the skin disorder claim due to withdrawal by the Veteran. The remaining claims for respiratory disorders, sleep apnea, headache disorder, acquired psychiatric disorder, and gout are remanded for further development.

The Board denied the Veteran's applications to reopen his claims for service connection for a respiratory disability and skin disability, finding that new and material evidence was not submitted.

The Board has remanded the Veteran's claims for a rating greater than 50 percent for sleep apnea with asthma and entitlement to special monthly compensation due to incomplete development of the issues.

The reduction of the Veteran's disability rating for bronchial asthma from 100 percent to 30 percent was improper, and his original 100 percent rating is restored.

The Veteran's asthma and obstructive sleep apnea are currently rated at 30% and 50%, respectively, but the Board has decided to remand these issues for further evaluation.

The Board has decided to remand the claims for asthma, left ankle disorder, right ankle disorder, headaches, and left knee disorder due to additional development being necessary.

The Veteran's lumbosacral degenerative disc disease with osteoarthritis, lumbosacral strain, and scoliosis are granted service connection. The respiratory disorder (asthma) and acquired psychiatric disorder (PTSD, depression, anxiety) claims are remanded for further development.

The Board has remanded the claims for major depressive disorder and sleep apnea with asthma due to insufficient evidence or procedural issues. The Veteran's TDIU claim is denied.

The Board has remanded several issues related to service connection for various conditions, including asthma, migraines, bilateral hip and knee disorders, a GI disorder, and IBS. The Veteran's claims are reopened due to new evidence received since the previous decisions.

The Veteran's claims for service connection have been reopened and are granted. Service connection is established for right ear hearing loss disability, tinnitus secondary to a service-connected right ear hearing loss disability, and left ear hearing loss disability. The Veteran's claims for asthma, bilateral hearing loss, chloracne, cysts on the head and back, and tinnitus remain denied.

The Veteran's claims for increased ratings for asthma are being remanded due to the need for additional medical opinions and examinations.

The Board denied the Veteran's claim for a TDIU, finding that his service-connected disabilities did not prevent him from securing or following substantially gainful employment.

The Board dismissed the appeal of the issue regarding asthma. The claims for service connection for diabetes mellitus, PTSD, residuals of a stroke, and depression/anxiety have been reopened but denied due to lack of evidence linking these conditions to service.

The claims of service connection for a respiratory disorder, residuals of renal cancer, and hypertension are being remanded due to the need for additional medical examinations and development.

The Board has remanded the Veteran's claims for service connection due to lack of STRs and need for additional medical opinions based on new evidence.

The Board has remanded the Veteran's claims for service connection due to his respiratory condition, bilateral eye disorder, and gastrointestinal disability. The cases are being sent back for further examination as the Veteran did not appear for scheduled VA examinations.

The Veteran's claims for PTSD, chronic alcoholism, and acute bronchitis and asthma have all been denied as there is no evidence of a current disability related to service.,Service connection cannot be established because the Veteran does not meet the criteria for diagnosis of PTSD. The Veteran’s diagnosed alcohol dependency is also not considered a compensable condition.

The Veteran's service-connected COPD and related conditions render him in need of regular aid and attendance, qualifying for special monthly compensation at the aid and attendance rate.