Asthma decisions — 2022

The Board has ordered a new VA medical opinion to determine if the Veteran's asthma was caused or aggravated by his service-connected disabilities. The current opinions are insufficient and do not address the Veteran's lay contentions.

The Veteran's TDIU claim is granted, as his service-connected disabilities make him unemployable.,Claims for earlier effective dates for left lower extremity radiculopathy and hypertension are denied.

The Veteran's service connection for obstructive sleep apnea is granted as it was caused or aggravated by his service-connected PTSD. The issues of service connection for respiratory condition and left fibula fracture are remanded.

The Veteran's service connection claims for various conditions are granted, including sleep apnea, heart disorder, hypertension, left hip disability, low back disability, and tinnitus. The Board finds the evidence in relative equipoise regarding these claims.,However, several new issues of entitlement to service connection have been identified, such as chest pain, dyspnea, right foot stress fracture, right hip disability, osteoporosis, right shoulder disability, tremors, asthma, blepharitis, lipoma of the chest, and kidney stones. These claims are currently pending for further review.

The Veteran's diabetes mellitus, heart disability, kidney disability, peripheral neuropathy, hypertension, hyperlipoproteinemia, prostate disability, sinus disability, scotoma, and respiratory disorder are all remanded for further development.,Service connection is being remanded for the Veteran's heart disability, kidney disability, peripheral neuropathy of the upper extremities, peripheral neuropathy of the lower extremities, hypertension, hyperlipoproteinemia, prostate disability (benign prostatic hypertrophy), sinus disability (allergic rhinitis), scotoma, and respiratory disorder.

The Board has granted service connection for COPD with asthmatic bronchitis, finding that the Veteran's exposure to trichloroethylene (TCE) at El Toro Marine Corps Air Station while in service is at least as likely as not related to his current condition.

The Veteran's appeal for TDIU has been remanded due to the need for further development. The appeal seeking to reopen a claim of entitlement to service connection for hypertension is dismissed as the Veteran withdrew his request prior to the Board's decision.

The Board has granted service connection for bronchial asthma on a presumptive basis due to exposure to burn pits during service in Southwest Asia. The claim for reopening the skin disability was not granted as new and material evidence was not received.

The Board has determined that the Veteran's death may be related to his service-connected bronchial asthma with emphysema, and a VA examination is needed to determine if this condition caused or contributed to the Veteran's death.

The Board has remanded several issues related to the Veteran's claims for service connection, including sinusitis, respiratory disability (asbestosis and asthma), neuropathy of the lower left extremity, neuropathy of the right left extremity, thoracic aortic aneurism, and ischemic heart disease. These claims are based on presumed exposure to herbicide agents during service.

The Board has remanded the cases for further development to obtain an opinion on the etiology of the Veteran's skin condition and breathing problems, as well as to clarify whether there is any aggravation by a service-connected condition.

The Board has remanded the issues of service connection for asthma, bilateral hearing loss, an acquired psychiatric disorder (including ADHD, MDD, PTSD, GAD, and bipolar disorder), alcohol abuse disorder, and substance abuse disorder. The Veteran's claims are now pending with VA for further examination and review.

The Veteran's asthma is rated as 10 percent disabling prior to September 23, 2015 and the Board finds that this rating is appropriate. Since September 23, 2015, a higher rating of more than 10 percent is not warranted.

The Veteran's asthma is granted as service-connected due to exposure in the Southwest Asia theater of operations. The claims for PTSD, anxiety disorder, depression, insomnia, chronic headaches, and sleep apnea are remanded.

The Veteran's claims for service connection and compensation under 38 U.S.C. § 1151 are remanded due to the need for additional evidence and examination.

The Board has determined that the Veteran's asthma is at least as likely as not related to his active service, and therefore grants service connection for asthma.

The Board has remanded the case for further development and adjudication due to claims of additional disabilities resulting from a 1986 esophagogastrectomy. The Veteran's OSA, COPD, asthma, depression, anxiety, and claudication are all found to be related to this surgery.

The Board has granted service connection for asthma on a presumptive basis as due to exposure to particulate matter during the Veteran's service in the Southwest Asia theater of operations, specifically in Iraq and Kuwait.

The Veteran's previously denied claim for service connection for asthma has been reopened.,PTSD with major depressive disorder is rated at 70% since June 4, 2017.

The Board denied the Veteran's claim for service connection for pes planus, claimed as flat feet. The claims of entitlement to an initial evaluation in excess of 30 percent for asthma and service connection for right knee and left knee disabilities are remanded.