Asthma decisions — 2022

The Board has determined that the Veteran's respiratory disabilities, including asthma and COPD, are not related to his military service. The claim for service connection is denied.

The Veteran's service-connected duodenal ulcer, rhinitis, headaches, and asthma do not render him unemployable. His TDIU claim is denied as his combined disability rating of 80% does not meet the schedular requirement for a TDIU.

The Veteran's claim for service connection for sleep apnea was dismissed as the appellant withdrew her petition to reopen it.,The Veteran's asthma was granted a 60% disability rating from March 6, 2017 to May 21, 2019. The claim for an increased rating in excess of 30% prior to March 6, 2017 was denied.

The Board has remanded the Veteran's claims for service connection for respiratory disability, bilateral hearing loss, and type II diabetes mellitus due to incomplete information and treatment records. The Veteran is required to provide authorization for VA to obtain his private medical records from Dr. Szulawski, Leopold & Creighton, Geisinger Health Clinic, and any other relevant records. Additionally, the AOJ must attempt to verify the Veteran's reported exposure to herbicide agents during service and obtain all relevant VA treatment records.

Your appeals for service connection for asthma and obstructive sleep apnea have been dismissed due to the Veteran's death. The Board has no jurisdiction to proceed with these claims as they are not about service connection.

The Veteran's claims for service connection have been granted, with a rating of 50% for sinusitis from January 23, 2018 to March 24, 2019 and beginning April 18, 2019. Other conditions such as sleep apnea, hearing loss, otitis media, gout, asthma, esophageal disorder, and bladder disorder have also been granted service connection with the exception of left ear hearing loss.

The Veteran's claims for service connection for COPD and asthma, a respiratory disability manifested by bronchospasm, and emphysema are remanded due to the need for additional evidence and examination.

The Veteran's asthma, TMJ dysfunction, right knee patellofemoral pain syndrome, and residuals of traumatic brain injury are all granted on a presumptive basis due to exposure to particulate matter during service in Southwest Asia.

The Veteran's TDIU claim is remanded due to pending service connection claims. The AOJ must obtain and associate the Veteran's medical records from non-VA providers as part of the Veterans Choice Program with his claims file, including those related to physical therapy appointments.

The Board denied service connection for asthma, finding that the Veteran's current diagnosis of asthma is not related to his military service.

The Veteran's claims for increased ratings for PTSD, bilateral plantar fascitis, cervical spine disorder, and asthma are remanded due to the need for additional medical records and examinations.

The Veteran's asthma was rated at a 60% effective May 18, 2014. The Board granted an earlier effective date for the increased rating of 60 percent for asthma.

The Board has remanded the claims for service connection for various disabilities, including heart disability, hypertension, diabetes mellitus, type II, bilateral peripheral neuropathy of the upper and lower extremities, erectile dysfunction, obstructive sleep apnea, benign prostatic hyperplasia, asthma, and dementia, all claimed as due to Agent Orange exposure. The remand also includes a request for verification of in-service herbicide agent exposure.

The Board has granted service connection for asthma, but denied service connection for a right hip replacement. The decision is based on the Veteran's current diagnoses and lack of evidence linking his current conditions to his military service.

The Board has found that further development is necessary to determine the etiology of the Veteran's asthma, which was previously remanded. The case is being returned for a new medical opinion.

The Veteran's claim for separate ratings for sleep apnea and asthma is denied. The current rating of 50% for sleep apnea is upheld, as the condition requires a breathing assistance device but does not meet criteria for higher ratings due to lack of respiratory failure or tracheostomy. The current rating of 30% for asthma is also upheld.

The Veteran's claim for service connection for migraine headaches, to include as secondary to her service-connected allergic sinusitis/rhinitis, diabetes mellitus, and/or steroids taken for treatment of asthma, is remanded due to the need for additional medical opinions.

The Veteran withdrew his appeal for a higher disability rating for asthma before the Board could make a decision.

The Board has remanded the Veteran's claims for nasal and lung disorders due to incomplete compliance with previous remand directives. The Veteran's nasal disorder may be related to service, but the clinician applied an incorrect standard in rendering a negative opinion. For his lung disorder, there is insufficient evidence to establish a nexus beyond the natural progression of the disorder.

The Board has remanded the Veteran's claims for service connection due to insufficient medical opinions and examination reports. The Veteran is required to undergo further VA examinations and obtain medical opinions regarding his left knee, eye disorder, and respiratory disorders.