Asthma decisions — 2020

The Board has remanded the case for further development due to a duty-to-assist error. The Veteran is not entitled to service connection for various conditions including bilateral hearing loss, back, heart, shin splints, and TB.

The Veteran's current asthma is caused by his service-connected sinusitis and rhinitis, and the Board has granted service connection for this condition.

The Veteran's claim for service connection for a low back disorder is denied due to lack of evidence linking the current condition to service.,Service connection for bilateral hearing loss is denied as there is no evidence of hearing loss disability within one year post-service.,A rating in excess of 10 percent for residuals of a right ankle sprain is denied as the Veteran's symptoms do not meet criteria for such an increase.,An initial rating in excess of 10 percent for asthma is denied due to lack of findings meeting specific pulmonary function criteria.,Pension purposes are granted with a permanent and total disability rating based on multiple medical conditions rendering the Veteran unemployable.,Service connection claims for pharyngitis, gastroenteritis/gastritis, migraines, residuals of facial injury, GERD, bronchitis, tendonitis, right foot disability, residuals of infections, shin splints, mononucleosis, neurological disorder, conjunctivitis, primary anemia, and acquired psychiatric disability are all remanded for further review.,The Veteran's service connection claims for these conditions will be reviewed again based on new evidence or clarification.

The Board has remanded the claim for a VA medical opinion to address the nature and etiology of the Veteran's respiratory disabilities, specifically COPD, benign pulmonary nodules, and asthma. The examiner must reconcile these diagnoses with previous records and provide an opinion on whether any diagnosed respiratory disability is related to service or caused by service-connected CAD.

The Board has remanded the claims of service connection for cervical spine disability, right shoulder disability, right ankle disability, right foot disability, and left foot disability due to lack of compliance with previous remand instructions.

The Veteran's appeals regarding hypertension and bronchial asthma have been dismissed due to his death.

The Veteran's asthma is granted as service connected.,The Veteran's back condition is denied as not incurred in or related to service.,The Veteran's tinnitus is granted as service connected.

The Board has decided to remand the case due to insufficient rationale in a previous VA opinion regarding the Veteran's asthma and its relation to his service-connected bilateral hilar adenopathy with pulmonary infiltrates compatible with sarcoidosis stage II. A new VA opinion is needed to address this issue.

The Veteran's asthma is not service-connected, but COPD is.,COPD has been granted as service-connected.

The Board has reopened the claim for service connection for depression due to new and material evidence. The claims of service connection for left shoulder injury, an acquired psychiatric disorder, right leg, torn ACL, COPD, and asthma are remanded for further development.

The Board denied service connection for a lung disability (characterized by the RO as thoracotomy, status post left pneumothorax) for accrued benefits purposes due to lack of evidence linking the condition to military service or Agent Orange exposure.

The Board denied the Veteran's claim for an effective date prior to December 5, 2001 for the grant of special monthly compensation (SMC) based on housebound status due to lack of additional service-connected disabilities independently ratable at 60 percent and inability to be permanently confined to one's home.

The Board denied the Veteran's claim for service connection for a respiratory disability, finding that there was no evidence linking his current conditions to his military service or Agent Orange exposure.

The Board denied the Veteran's claim for service connection for chronic bronchitis and asthma, finding that his current respiratory disability did not have its inception during active service and is not otherwise causally related to an in-service disease or injury.

The Board has granted service connection for right knee degenerative arthritis, left knee degenerative arthritis, nut allergy, and denied service connection for allergic rhinitis with induced asthma.

The Board denied service connection for hepatitis C with fibrosis of the liver and COPD and asthma, finding that there was no causal relationship between these conditions and the Veteran's active duty service. The Board noted multiple in-service risk factors including drug use but also post-service risk factors such as incarceration and continued drug use.

The Board denied the Veteran's claim for an evaluation in excess of 60 percent for bronchial asthma on an extraschedular basis for the period prior to October 9, 2009.

The Board has remanded the claims for service connection for sinusitis, asthma, obstructive sleep apnea, and hypertension due to insufficient medical opinions on whether these conditions are related to service.

The Board has remanded the case due to insufficient evidence regarding the Veteran's respiratory conditions, specifically chronic bronchitis, emphysema, pneumonia, and asthma. The VA opinion is needed to determine if these conditions are related to service, including exposure to herbicide agents and tear gas.

The Veteran's sleep apnea is being remanded for a VA medical examiner to determine if it is at least as likely as not caused or aggravated by his service-connected bronchial asthma with COPD. The TDIU issue is also being remanded due to its inextricability from the service connection claim.