Asthma decisions — 2021

The Veteran's appeal of the AOJ's October 5, 2021 rejection of his VA Form 20-0996 for asthma on a presumptive basis was denied. The AOJ did not err in rejecting the form because it was not timely submitted.

The Board denied service connection for asthma and degenerative arthritis of the spine, finding that there was no evidence to support a link between these conditions and active duty service.

The Veteran's asthma was not rated higher than 10 percent prior to August 24, 2021 and remains at a 10 percent rating thereafter.

The Veteran's claims for service connection for various conditions, including Type II diabetes mellitus, hypertension, neurological disabilities of the hands, multiple myeloma, and a respiratory disorder to include asthma with chronic cough are all denied as there is no credible evidence linking these conditions to his military service.

The Board has denied the Veteran's claims for service connection for COPD and a respiratory disorder with allergic manifestations to include asthma, also known as allergic bronchitis. The Board found that there was no evidence of COPD during service or at any time since service, and that the diagnosed condition is not related to active service or any service-connected conditions.

The Board has remanded the case due to a pre-decisional error in the duty to assist, specifically regarding the verification of the Veteran's service during post-1945 voyages. The AOJ must engage the Department of Homeland Security to verify whether the Veteran was serving as part of the United States Coast Guard or Coast Guard Reserve during these voyages.

The Veteran withdrew his appeal regarding the temporary total rating for convalescence for surgery related to asthma, leaving no issues remaining for the Board's consideration.

The Veteran's respiratory conditions other than interstitial lung disease, including asthma, bronchitis, and COPD, are granted as service connected due to in-service exposure to toxic environmental exposures.

The Veteran's asthma was granted service connection. Service connection for COPD is remanded due to insufficient evidence.

The Veteran's current respiratory condition, including idiopathic pulmonary fibrosis and asthma, is likely related to an inhalation injury sustained during his deployment in Southwest Asia. The Board found that the evidence was in equipoise regarding whether this condition resulted from exposure to pollutants or if it predated his service. As a result, the Veteran is granted eligibility for a special home adaptation grant.

The Veteran's appeal for increased evaluations in excess of the current ratings for tinnitus, exercise-induced asthma, migraine headaches, lumbago with L3-L4 disc herniation, and cervical spine, cervicalgia status post fusion C5-C6 with disc bulging and stenosis is remanded due to the need for additional development.,The Veteran's appeal for an increased evaluation in excess of 10 percent for tinnitus remains denied as there are no exceptional circumstances that warrant a higher rating.

Service connection for an eye condition is denied.,Service connection for a sleep condition, to include as secondary to a service-connected disability, is granted.

The Board has remanded the Veteran's claims for bilateral hearing loss, tinnitus, asthma, lumbar spine condition, and skin condition due to potential missing service treatment records from his Reserve service period. The VA is instructed to obtain these records and schedule the Veteran for additional examinations to determine if there is a link between his conditions and herbicide exposure.

The Veteran's claims for service connection for various conditions, including knee disabilities, asthma, COPD, heart disability, hypertension, and carpal tunnel syndromes are all denied.,There is no evidence of any in-service injury or disease that could be linked to the current conditions.

The Veteran's service-connected conditions do not render her unable to secure or follow substantially gainful employment, as the evidence does not show that they prevent her from performing sedentary work.

The Board has remanded the case due to insufficient explanation of the etiology and pathophysiology of the Veteran's asthma, requiring a more detailed opinion.

The Board has decided that the Veteran's asthma should be remanded for further investigation into his Reserve and National Guard service dates, specifically noting all periods of active duty, ACDUTRA, and INACDUTRA from July 1987 to June 2002.

The Veteran's claim for service connection for residuals of a collapsed lung, respiratory disorders including COPD and asthma, and sleep apnea is granted. The claims for respiratory disorder and sleep apnea are remanded due to inadequate medical opinions.

The Veteran's claims for service connection for asthma, eczema, and hypertension have been granted. The claim for service connection for hypertension is denied.

The Veteran's bilateral plantar fasciitis and asthma were denied service connection as there is no evidence of an in-service injury or disease. The eye condition due to trauma, lumbar strain, and right hip pain issues are remanded for further development.,Service connection for the Veteran's current diagnoses will be reconsidered based on new evidence and examination.