Asthma decisions — 2021

The Board denied service connection for asthma and a condition manifested by sleeplessness and fatigue, finding that the preponderance of evidence did not support a nexus to active service.

The Veteran's claims for bilateral hearing loss and asthma were denied as there is no current disability meeting the criteria for service connection.

The Board denied the Veteran's claim for SMC based on statutory housebound status as he does not have a single service-connected disability rated totally disabling, to include consideration of total disability based on individual unemployability (TDIU).

The Veteran's claim for a rating in excess of 10 percent for chronic sinusitis and TDIU prior to November 6, 2018 is denied. The Board found that the evidence did not support an evaluation above 10 percent for chronic sinusitis due to the lack of incapacitating episodes or radical surgery.

The Board has decided that the Veteran's prostate cancer residuals do not meet the criteria for compensation under 38 U.S.C. § 1151, and has remanded the service connection claim for asthma.

The Board has remanded several service connection claims, including those for bilateral hearing loss, left shoulder disability, right wrist disability, perforated right ear drum, and cervical spine disability. The remaining claims of sinusitis, respiratory disability (including asthma and bronchitis), and gastroesophageal reflux disease have been remanded as well.

The Board has decided to remand the case due to inconsistencies in the medical records regarding the Veteran's asthma and the need for clarification on the FVC results from a previous pulmonary function test.

The Board has found that the VA examinations and opinions do not address whether any of the Veteran's other respiratory disabilities are related to service, including his asbestos exposure. The matter is therefore remanded for further clarification.

The Board has decided to remand the case due to the need for additional medical opinions regarding the Veteran's respiratory condition, specifically related to his exposure to lead paint and harmful fumes during service. The VA will obtain any outstanding records and provide an addendum opinion addressing these claims.

The Board denied the Veteran's claim for an earlier effective date for SMC based on housebound status, finding that he did not meet the criteria for SMC under 38 U.S.C. § 1114(s) prior to November 29, 2014 due to his service-connected disabilities and lack of substantial confinement.

The Board denied the Veteran's claims for service connection for asthma, chronic bronchitis, and a respiratory disability due to lack of evidence linking these conditions to his military service.

The Veteran's claim for a rating in excess of 50 percent for sleep apnea with asthma and allergic bronchitis is being remanded due to the lack of an adequate VA examination. The AOJ must obtain another VA respiratory examination that includes exercise capacity testing.

The Veteran's bronchial asthma is found to have started during her active service and granted as a result.

The Board has remanded the case for further development, including obtaining updated VA and/or private treatment records and providing an addendum medical opinion to address whether the Veteran's migraines are related to service-connected depressive disorder and/or asthma.

The Veteran's claims for service connection for a neck disorder, low back disorder, and respiratory disorder are all granted. The decision also notes that the claim of service connection for a low back disorder is reopened due to new and material evidence.

The Board has remanded the case due to incomplete information regarding the Veteran's service in Vietnam and a need for new VA examinations to determine the nature of his COPD and asthma.

The Board has remanded the Veteran's claims for bronchial asthma and sleep apnea due to insufficient medical opinions regarding his service connection claims. The Veteran is seeking a higher rating for his bronchial asthma, while also contending that his sleep apnea is secondary to his service-connected conditions.

The Board has remanded the case due to inadequate medical opinions regarding the Veteran's respiratory disability, specifically his COPD and asthma. The VA is required to obtain a new examination to address these issues.

The Board has granted service connection for asthma and tinnitus, and dismissed the appeal for hearing loss as withdrawn.

The Board has determined that the VA medical opinion is inadequate and there has not been substantial compliance with its prior remand. The claim for service connection for a respiratory disability, to include asthma and COPD, is being remanded for further development.