Asthma decisions — 2022

The appeal is dismissed as the September 2022 Statement of the Case renders moot the issue regarding the timeliness of VA Form 21-0958, Notice of Disagreement received on July 18, 2019 challenging a July 18, 2018 decision which denied reopening previously-denied claims for service connection.

The Board has remanded the Veteran's claims for diabetes, asthma, prostate cancer, and PTSD as they are related to a petition to reopen previously denied service connection claims.

The Board has granted service connection for a chronic respiratory disorder (other than asthma), including COPD and emphysema, finding that the evidence is at least in equipoise as to whether these conditions are etiologically related to service.

The Board has granted reconsideration of the denial for service connection for a lumbar spine disorder and has granted service connection for asthma on a presumptive basis related to Persian Gulf War service. The appeal is remanded for additional VA opinions regarding sleep apnea and the lumbar spine disorder.

The Veteran's respiratory disability, including COPD, emphysema, asthma, obstructive sleep apnea, and sarcoidosis, was rated at 10 percent prior to June 4, 2010. From June 4, 2010, to August 28, 2014, the rating was increased to 30 percent. Since August 29, 2014, a 100 percent initial rating has been granted due to episodes of acute respiratory failure.

The Board denied the Veteran's claim for service connection for a respiratory disability, including asthma and COPD, to include as due to in-service exposure to herbicide agents, smoke, and fumes. The Board found that there was no evidence of chronic conditions in service or after leaving service, and concluded that the current disabilities were not related to military service.

The Veteran's claim for service connection for blurred vision is denied as it is not a separate disability from her migraine headaches.,Service connection for the Veteran's mouth condition is denied because she does not have a compensable dental disability.

The Board has remanded the Veteran's claim for a respiratory disorder, including asthma, due to insufficient rationale in the previous VA examination and the need for further development.

The Veteran withdrew his appeal for Total Disability based on Individual Unemployability (TDIU) due to satisfaction with a schedular rating for asthma.

The Veteran's appeal is remanded for further development regarding her claims of service connection for asthma, costochondritis, and hypermobility joint syndrome (Ehler's Danlos syndrome).

The Board has remanded several claims for further development, including those related to the Veteran's right eye pterygium, respiratory condition (asthma), cervical spine disability, left shoulder condition, hypertension, bilateral upper extremities numbness and cramps, dental issues, and PTSD. The claims are being returned to the RO for additional medical opinions.

The Veteran's acquired psychiatric disorder, along with other service-connected disabilities, is rated at 70 percent effective August 11, 2016. The Board also granted the Veteran a TDIU based on his service-connected psychiatric disorders and awarded special monthly compensation (SMC) at the housebound rate due to his service-connected conditions.

The Veteran's claim for service connection for PTSD has been dismissed as the benefit was already granted in a previous decision.,The Veteran's claims for higher ratings for asthma and bilateral hearing loss prior to November 19, 2018 have both been denied.

Service connection is denied for a lumbar spine disability, cervical spine disability, and asthma.,An effective date earlier than November 23, 2016, for the award of service connection for hearing loss and tinnitus is also denied.

The Board has decided that the Veteran's asthma is related to his service, but has remanded for further examination and development regarding his low back condition.

The Veteran's acquired psychiatric disorder, including PTSD, is granted as service-connected due to in-service combat stressors.,Service connection for asthma is granted based on the PACT Act.

The Veteran's acquired psychiatric disability, asthma, and COPD are granted service connection. The respiratory disabilities are presumed related to exposure to burn pits while serving in Afghanistan under the PACT Act.

The Veteran withdrew all his remaining appeal issues, including service connection for bipolar disorder and ratings for PTSD, lumbar spine disability, bronchial asthma, and left hip disability. The appeal is dismissed.

The Veteran's claim for service connection for asthma is granted, and the claim for service connection for an acquired psychiatric disability is remanded.

The Veteran's asthma bronchial was granted service connection in a rating decision dated April 2022, effective August 5, 2021.,Service connection for depression with chronic pain and diabetes mellitus were denied as the evidence did not establish current disabilities.