Asthma decisions — 2020

The Board has remanded the case due to the need for a VA examination and additional development of evidence related to the Veteran's claim of service connection for obstructive sleep apnea (OSA).

The Veteran's claims for service connection have been withdrawn, and the Board has dismissed all related issues.

The Veteran's respiratory condition, which has been rated at 60 percent since June 24, 2014, is now rated at 100 percent effective April 3, 2015. The Board also granted TDIU based on the service-connected respiratory condition.

The Veteran's claim for special monthly compensation (SMC) based on aid and attendance is being remanded due to the need for additional medical examination and records.

The Veteran's PTSD is granted as service-connected, and a new VA examination is needed to determine the etiology of any current respiratory disability.

The Veteran's bronchial asthma is currently rated at 60 percent, but the evidence does not support a higher rating as her FEV-1 and FEV1/FVC levels have been consistently above 80%.,The Veteran's right knee degenerative joint disease is currently rated at 10 percent. The evidence does not support an increase to any higher rating.

The Veteran's appeal is denied as there is no legal basis for a separate compensable rating for his obstructive sleep apnea, given the clear and specific VA regulations pertaining to the evaluation of coexisting respiratory conditions.

Service connection for TBI and left shoulder condition is restored. The Veteran's claim for increased rating of PTSD prior to July 8, 2016 is dismissed. Service connection for respiratory condition (to include asthma) is remanded.

The Veteran's asthma was noted on his entrance examination but he had no symptoms for a year. After an in-service incident, he developed ongoing symptoms and has been diagnosed with asthma since then. The VA examiner found the condition did not worsen beyond normal progression during service, while the primary physician believed it was aggravated by basic training. Service connection is granted.

The Board has remanded the case due to insufficient medical opinions regarding whether the Veteran's service-connected PTSD and asthma caused his obesity, which in turn led to his sleep apnea. The AOJ must obtain a new opinion on this issue before deciding the claim.

The Veteran's claim of service connection for a renal cyst, asthma, left shoulder degenerative arthritis, spondylosis of the lumbar spine, and cervical spondylosis is remanded due to insufficient development. The Veteran will need updated VA treatment records, an opinion on whether her current asthma is related to service, and examinations for her left shoulder, cervical, and lumbar spine disabilities.

The Veteran's service connection claims for a personality disorder, acquired psychiatric disorders other than PTSD, asthma, hypertension, systemic lupus, migraine headaches, and right ankle disability are all denied.,Service connection is granted for an acquired psychiatric disorder other than PTSD due to military sexual trauma (MST).

The Veteran's asthma has been rated at 30 percent since May 2, 2016. The VA examiner stated that the Veteran’s inhaled Advair medication does not meet the criteria for a higher rating under Diagnostic Code 6602 due to its being an inhaler and not systemic corticosteroids or immuno-suppressive medications.

The Board has dismissed the Veteran's appeals for fibromyalgia and asthma service connection, as well as her appeal for a disability rating in excess of 30 percent for adjustment disorder with mild depressed mood and ongoing substance abuse. The TDIU claim is also remanded.

The Veteran's major depressive disorder and bronchial asthma are both rated at the maximum allowable levels. The Board has ordered remand to obtain updated VA examinations to assess the current severity of these conditions.

The Veteran's appeal is being remanded for additional medical records to be obtained and for a VA examination to determine the nature, etiology, and severity of his foot disability and bronchial asthma.

The Board has remanded the case due to an inadequate VA examination, and a new one must be conducted to determine if the Veteran's respiratory disorder is related to his service.

The Board has denied service connection for a back disability and remanded the cases of asthma and obstructive sleep apnea. The Veteran's current conditions are currently not related to his military service.

The reduction from a 60 percent to a 30 percent disability rating for bronchial asthma was improper, and the Veteran's original 60 percent rating is restored. Separate ratings for bronchial asthma and sleep apnea were granted in September 2011.

The Board denied service connection for chest pains, dermatitis, left lower extremity radiculopathy, and asthma. The Veteran's claims were not addressed under the presumption of service connection for undiagnosed illnesses due to his service in the Gulf War.