Asthma decisions — 2022

The Veteran's service connection claims for rheumatoid arthritis, a respiratory disability (including asthma and obstructive chronic bronchitis), and left eye amblyopia have been granted. The appeals are remanded for further development regarding other issues.

The Board has decided to remand the case due to incomplete reasoning and a need for further examination regarding the Veteran's respiratory condition.

The VA has restored the appellant's 20% rating for hepatitis C, effective February 29, 2016. The other service connection claims are denied as new and material evidence was not received.

The Veteran's claims for service connection for bilateral eye condition, left shoulder condition, and right shoulder condition are being remanded due to the submission of new evidence.,Service connection for asthma is granted based on the PACT Act.

The Veteran's claims for revision of two prior rating decisions related to bronchitis with persistent coughing and asthma are being remanded due to a pre-decisional error in the AOJ's handling of both claims.

The Veteran's lumbar strain with degenerative joint disease was rated at 20 percent prior to July 9, 2021 and at 40 percent thereafter. The right ankle condition was rated at 10 percent prior to October 3, 2017 and at 30 percent from March 1, 2018. The Veteran's chronic bronchitis with asthma was rated at 10 percent prior to July 9, 2021 and at 30 percent from July 9, 2021 to January 30, 2022.,The Board denied the claims for increased disability ratings as the evidence did not meet the criteria for higher ratings under the applicable rating criteria.

The Board has remanded the case due to inadequate opinions regarding the Veteran's respiratory conditions and their relationship to service, specifically exposure to herbicide agents and tear gas.

The Veteran's appeals for CFS, increased ratings for IBS with GERD and rhinitis, and increased ratings for knee disabilities have been dismissed.,New evidence has reopened the Veteran's claims for service connection of respiratory disabilities and knee disabilities.

The Board has remanded the claim for a respiratory condition, including sinusitis, allergic rhinitis, asthma, and sleep apnea, to include as secondary to service-connected disability. The Veteran's allergies are presumed to have pre-existed his enlistment in the Air Force.

The Board has remanded the Veteran's claims for service connection for a respiratory disability, including asthma and COPD, and for a right knee disability due to incomplete medical records and need for further examination.

The Veteran's appeals for increased ratings for his service-connected obstructive sleep apnea with asthma and separate evaluations were denied due to failure to report for a VA examination, and the regulations do not allow separate disability ratings for these conditions.

The Board has granted service connection for COPD as secondary to the Veteran's service-connected asthma.

The Board has granted service connection for the Veteran's residuals of pulmonary tuberculosis, including pulmonary scarring, and his respiratory disorder (asthma and COPD), finding that these conditions are related to in-service aggravation of preexisting TB.

The Veteran's asthma is granted as service-connected due to presumed exposure to burn pits during his service in the Persian Gulf War.,Service connection for right ankle and neck disabilities is denied because there is no evidence of a nexus between these conditions and service.

The Board has remanded the issue of service connection for sleep apnea, which is claimed to be secondary to service-connected asthma. The Veteran's claim will need further development and a new VA medical opinion.

The Veteran's claims for increased ratings for major depressive disorder and bronchial asthma, as well as his claim for a total disability rating based on individual unemployability (TDIU), are being remanded due to the need for additional development of evidence.

The Board has decided to remand the case due to uncertainty about whether the Veteran's asthma predated her service and if it was aggravated by exposure to toxins during service. The VA will gather more medical records and conduct an examination to clarify these points.

The Board has determined that the Veteran's asthma is incurred during service and aggravated by her service-connected allergy disabilities, thus granting service connection for asthma.

The Board has determined that the Veteran's asthma does not warrant a rating in excess of 10 percent, as his FEV-1 and FEV-1/FVC levels do not meet the criteria for higher ratings.

The Board denied service connection for a breathing disorder, finding that the Veteran's current asthma and COPD did not have their onset during military service and are more likely due to his long history of smoking.