Asthma decisions — 2022

The Board has denied service connection for irritable bowel syndrome and an irregular heartbeat, and the claims of service connection for asthma, allergies, and migraine headaches are remanded due to insufficient evidence.

The Board denied the Veteran's claim for service connection for a respiratory disability, including asthma, finding no nexus between his claimed condition and his military service.

The Veteran's COPD is granted as service connected. The lung condition (other than COPD) including asthma, needs further examination and opinion.

The Board has determined that there were pre-decisional duty to assist errors in the Veteran's claims for service connection for allergic rhinitis and chronic asthma, both of which are related to herbicide exposure. The case is being remanded to verify the Veteran's claim of burn pit exposure during service and to obtain additional medical opinions regarding the etiology of his conditions.

The Veteran's service-connected disabilities, including asbestosis and related respiratory conditions, have rendered him unable to secure or maintain substantially gainful employment since October 22, 2012. The Board has granted a total disability rating based on individual unemployability (TDIU) effective from October 22, 2012.

The Board has denied the Veteran's claims for service connection for residuals of right arm burn, left third finger disability, respiratory condition (asthma), and penis deformity. The cases are remanded to obtain additional medical opinions.,The VA examiner will provide an opinion regarding whether the Veteran's current conditions are related to his military service.

The Board has remanded the case due to inadequate VA examination and need for further clarification on the relationship between asthma, hay fever, and other respiratory disorders. The Veteran's claim will be reconsidered with a new examination.

The Veteran's service-connected disabilities, including migraine headaches, right upper extremity neuropathy, urinary dysfunction, asthma, and various knee and ankle disorders, rendered him unable to secure or maintain substantially gainful employment prior to April 1, 2020.

The Board has remanded the case due to insufficient development and lack of substantial compliance with previous instructions. The Veteran's asthma is being reviewed again for a more detailed opinion regarding its relationship to service.

The Veteran's appeal for service connection of asthma, chronic obstructive pulmonary disease, chronic bronchitis, and restrictive lung disease was dismissed due to the Veteran's death. The claim is now closed as there are no surviving claimants eligible for substitution.

The Veteran's service connection claim for asthma, a multi-faceted respiratory disorder, is granted due to exposure to fine particulate matter during his Gulf War service. The neck disability issue is remanded.

The Board has remanded the issues of service connection for benign tremors, a compensable rating for bilateral hand dermatitis, and a higher rating for asthma due to insufficient evidence or need for further development.

The Veteran's appeal was dismissed due to his death prior to a final decision. The issues of rating for right atrial enlargement, asthma, and service connection for type 2 diabetes mellitus and sleep apnea were not decided as the appellant died during the pendency of the appeal.

The Board granted a TDIU on an extraschedular basis, and the appellant is entitled to attorney fees in full amount of 20 percent of past-due benefits awarded.

The Board has decided to remand the Veteran's claim for asthma as there is insufficient information regarding his in-service asthma and its progression. The AOJ must obtain missing records, including Medical Board records, and assign them to an appropriate examiner to determine if the Veteran was medically boarded due to asthma and whether it increased in severity.

The Board denied the Veteran's claim for special monthly compensation (SMC) based on the need for regular aid and attendance of another person due to his service-connected disabilities, as the evidence did not show that he was in need of such assistance primarily because of his service-connected conditions. The most persuasive evidence attributed his need for aid and attendance to a non-service-connected neurocognitive disorder/dementia.

The Veteran's bilateral hearing loss is currently rated as noncompensable, and the claim for an initial compensable rating is denied.,Prior to March 24, 2018, the Veteran's TDIU claim was denied due to his service-connected disabilities not meeting the schedular criteria. After March 24, 2018, when he received a 100% disability rating for PTSD, the TDIU claim is moot.

The Board has granted service connection for asthma and OSA as secondary to asthma. The Veteran's asthma is considered a continuation of symptoms noted during service, while his OSA is found to be caused by his service-connected asthma.

The Veteran's claims for increased ratings, service connection, and benefits related to his disabilities are being remanded due to incomplete development.

The Veteran's appeals for increased ratings and TDIU have been dismissed due to his death. The Board has no jurisdiction to adjudicate the merits of these claims as he died during the appeal process.