Asthma decisions — 2022

The Board has granted the Veteran's requests to reopen his previously denied claims for service connection for arthritis, an acquired psychiatric disorder (including PTSD, major depressive disorder, anxiety disorder), asthma, sleep apnea syndrome, and hearing loss. The claims are remanded for additional development.

The Veteran's claim for service connection for asthma, respiratory disorder (SA), and sleep apnea has been reopened due to the submission of new and material evidence. The Board found that there is no clear and unmistakable evidence showing that the conditions preexisted his service or were aggravated by it.

The Veteran's bronchial asthma rating was reduced from 100% to 30%, effective December 1, 2016. The Board found that the reduction was proper as there were no medical records indicating daily use of systemic corticosteroids or immunosuppressive medications. A 60% rating for bronchial asthma is granted.

The Veteran's claims for service connection for bilateral hearing loss and asthma were denied. The decision also addressed the initial rating for asthma, finding that a 30 percent rating was warranted from October 21, 2015 to March 7, 2016.

The Board has remanded the case for further development, including obtaining pulmonary function test results and addressing the Veteran's TDIU claim.

The Veteran's stomach issues, respiratory problems, and tremors are being remanded for further examination and opinion regarding their relationship to service in Southwest Asia. The Board is seeking clarification on whether the Veteran's asthma preexisted service.

The Board has remanded several issues related to the Veteran's service connection claims, including for a respiratory condition, cervical spine disability, lumbar spine degenerative arthritis, lower extremity radiculopathy, right knee osteoarthritis, and left knee disability. Additional records are needed from SSA, VA treatment records, private doctors, and exposure confirmation. A new medical opinion is required to consider the Veteran's reports of continuous symptoms since service and his current disability picture.

The Board has remanded the Veteran's claim for a rating in excess of 50 percent for sleep apnea and asthma with a history of bronchitis due to issues related to the propriety of combining ratings, as well as the need for additional medical evidence.

The Veteran's asthma was granted service connection as it became manifest within 10 years of his qualifying period of service in Southwest Asia, and there is no evidence that the disease was caused by a supervening condition or event or is the result of the Veteran's willful misconduct.

The Board has remanded the case due to inadequate compliance with a previous remand directive and requires another VA medical opinion.

The Veteran's respiratory conditions, including asthma and bronchitis, are related to service. Service connection is granted for these conditions. However, the Veteran does not meet the criteria for service connection of pneumonia.

The Veteran's bronchial asthma is rated at 30 percent disabling, and his left ankle disability is rated at 10 percent disabling. The appeal for increased ratings has been denied.

The Veteran has withdrawn his appeals regarding asthma, back spasms (claimed as a neurological condition), bilateral shoulders, head, and feet skin conditions. The Board dismissed the appeal.

The Veteran's asthma is granted service connection on a presumptive basis due to exposure in the Southwest Asia theater of operations during the Persian Gulf War. Service connection for rhinitis and an acquired psychiatric disability (including PTSD and anxiety disorder) are remanded for additional development.

The Veteran is granted a 10 percent rating for asthma prior to October 16, 2015 and denied any higher rating thereafter.,The Veteran's claim for an increased rating for asthma after October 16, 2015 remains denied. The Board has remanded the case for further development.

The Veteran's appeal for an increased rating for falciparum malaria was dismissed. The appeals for increased ratings for COPD and PTSD were remanded, while the TDIU claim is also being remanded.

The Board has remanded the cases of an increased rating for asthma and entitlement to TDIU due to the inextricability of these issues with the service connection claim for COPD. The claims will be deferred until a final decision is made on the COPD claim.

The Board has remanded the Veteran's claims for COPD and asthma, GERD, and hypertension due to potential service connection issues. The Veteran is seeking service connection for these conditions based on military service or herbicide exposure.

The Veteran's asthma is found to be secondary to their service-connected allergic rhinitis and thus service connection for asthma has been granted.

The Veteran's asthma is granted as service connected. The Veteran's chronic fatigue syndrome remains in dispute and requires further development.