Asthma decisions — 2022

The Board dismissed the appeal for service connection of asthma with benign granulomatous disease as due to asbestos exposure because the appellant died during the pendency of the appeal.

The Veteran's right ear hearing loss is granted as service-connected. The claims for asthma, neck disability, initial compensable rating for left ear (now bilateral) hearing loss, and a rating in excess of 20 percent thereafter for intervertebral disc disease with degenerative arthritis of the spine are remanded.

The Veteran's service-connected varicose veins of the bilateral lower extremities are currently rated at 40 percent, effective June 26, 2020. The claim for a higher rating is denied.,The Veteran's service-connected papular lesion of the right forearm (claimed as skin lesion) does not warrant a compensable disability rating.

The Board has remanded the claims for asthma, hypertension, and sleep apnea due to potential service connection based on exposure during active duty. The diabetes mellitus claim remains denied.

The Veteran is granted a TDIU from May 28, 2013 due to her service-connected asthma.,The claim for temporary total evaluation based on hospitalization for the psychiatric disorder is dismissed as moot.

The Veteran's rhinitis is granted service connection, and asthma and deviated septum are denied. The Board has remanded for further examination to determine if the Veteran's asthma and deviated septum were aggravated by his service-connected rhinitis.

The Veteran's initial rating for asthmatic bronchitis from May 24, 2007 to August 1, 2016 was denied as his condition did not meet the criteria for a higher rating under DCs 6600-6602. The Board also denied entitlement to TDIU on an extraschedular basis during this period due to the Veteran's nonservice-connected heart disability.

The Board has remanded the claims of service connection for congestive heart failure, emphysema, COPD, and asthma due to a lack of STRs and outstanding VA treatment records. The Veteran's exposure during service is unclear as his DD214 does not reflect service in Korea or foreign service. A VA examination will be scheduled.

The Veteran's sleep apnea, asthma, and insomnia disabilities are all granted as secondary to his service-connected PTSD.

The Veteran's service-connected asthma, diverticulitis, ventral hernia, lumbar strain, tinnitus, and hemorrhoids have not precluded him from securing or following a substantially gainful occupation.

Service connection for type II diabetes mellitus is granted. Service connection for obstructive sleep apnea and a lung disability other than asthma or obstructive sleep apnea are remanded.

The Veteran's left knee disability is currently rated as 10 percent for arthritis with limitation of flexion and instability, and a separate 10 percent rating for symptomatic removal of semilunar cartilage. The claim for an increased rating remains pending.,OSA with asthma has been rated at 50 percent since its initial grant in March 2019.

The Veteran's acquired psychiatric disorder, claimed as panic attacks, is granted service connection. The appeals for respiratory infections, hearing loss, tinnitus, digestive disease, Barrett's esophagus, asthma, and sleep issues are dismissed due to the Veteran's withdrawal of these claims.

The Veteran's costochondritis is granted as service connected, with the condition believed to have been incurred during active duty for training (ACDUTRA).,Service connection for a respiratory disability and hypertension are denied.,Hypertension was diagnosed five years after separation from active duty.

The Board has granted service connection for migraine headaches. Service connection for a respiratory condition, to include asthma, is remanded due to insufficient evidence.

The Veteran's mild atrophy of left thigh quadriceps muscle group XIV is currently rated as 40 percent disabling, which is the maximum schedular rating available.,For asthma prior to February 18, 2018, a higher rating of 30 percent is not warranted. For asthma effective February 18, 2018, a higher rating of 60 percent is not warranted.,The Veteran's acne does not meet the criteria for a higher than 10 percent rating.,For ulcer syndrome with pancreatitis effective January 27, 2010, a higher than 30 percent rating is not warranted.,Left shoulder and right shoulder disabilities are remanded for further evaluation.

The Board has granted service connection for asthma, tinnitus, and bilateral hearing loss. The Veteran's asthma is linked to his in-service exposure to a chemical agent, tinnitus is attributed to noise exposure during service, and his hearing loss is presumed to have worsened due to military noise exposure.

The Veteran's claim for a compensable rating for diverticulitis with bleeding was denied. The claims of service connection for asthma, right inguinal hernia, and TDIU prior to February 25, 2015 are addressed in the REMAND section.

The Veteran's asthma is currently rated at 30 percent, but the Board found that his symptoms do not warrant a higher rating as they did not meet the criteria for a higher rating under VA's pulmonary function testing (PFT) criteria.

The Veteran's asthma with bronchitis and 3 millimeter lung nodule is granted a 30 percent rating, effective from December 22, 2015. The condition requires daily inhalational or oral bronchodilator therapy and inhalational anti-inflammatory medication.