Asthma decisions — 2023

The Veteran's asthma, non-ischemic cardiomyopathy, and hypertension are granted as service-connected due to presumed exposure to burn pits during his service in Southwest Asia.

The Veteran's claims for service connection for asthma and hearing loss are being remanded due to the lack of a VA examination assessing whether these conditions were incurred in or related to his military service, including exposure to burn pit particulate matter.

The Board has remanded the case due to insufficient information regarding the Veteran's use of systemic high dose corticosteroids or immunosuppressive medications for his service-connected asthma with sleep apnea during the appeal period.

The Veteran's bronchial asthma is rated at 60 percent, but no higher. The Board found the evidence persuasive that his respiratory disability more closely approximated a 60 percent rating based on FEV-1 results. However, he does not meet the criteria for a TDIU due to service-connected disabilities as his other conditions do not preclude him from securing and following substantially gainful employment.

The Veteran's asthma is related to service, specifically exposure to asbestos. The Board has found a pre-decisional duty to assist error and remands the case for further examination.

The Board has determined that the Veteran's claim of service connection for asthma should be remanded due to a procedural error in the initial review and because a VA examination is needed to address the etiology of her claimed condition.

The Veteran's service-connected disabilities, including COPD and duodenal ulcer, do not render him unemployable as his combined rating is at least 70%.

The Veteran's respiratory condition, including COPD and asthma, is remanded due to failure to satisfy a statutory or regulatory duty to determine all of his exposures during service. A TERA examination must be performed.

The Board has denied the Veteran's claims for service connection for a low back disability and respiratory disabilities, finding that there is insufficient evidence to support these claims. The appeal regarding neurological tics was remanded.,Service connection will be granted if the medical evidence shows a current disability that is related to in-service injury or disease.

The Veteran's asthma is granted service connection under the PACT Act, while other conditions are remanded for further examination and opinion.

The Veteran's appeal is remanded due to the need for additional development, including obtaining a medical opinion regarding the frequency and severity of his asthma attacks.

The Veteran's service connection claims for bilateral hearing loss and a respiratory disorder caused by asbestos exposure have been denied. The Board found that the Veteran did not meet the criteria for a current disability in either case, and there was no clear and unmistakable evidence to support an aggravation of his preexisting conditions during service.

The Veteran's claims for service connection for tinnitus, asthma, and obstructive sleep apnea (secondary to PTSD) have been remanded due to the need for additional evidence and medical opinions.

The Board dismissed the Veteran's claims of service connection for hearing loss, tinnitus, asthma, an acquired psychiatric disorder (PTSD), epilepsy, and a neck disability due to his withdrawal at the July 2023 hearing. The Veteran's asthma was found to have existed prior to service and not aggravated by service.

The Veteran's claims for service connection are granted. The Board finds that the Veteran has objective indications of a qualifying chronic disability manifest by fecal urgency and chronic sinusitis, which qualify under the PACT Act provisions. The Veteran's coronary artery disease, respiratory disability (asthma), and neurological impairment of the left hand are remanded due to potential applicability of 38 C.F.R. § 3.317 as a result of his service in the Southwest Asia theater of operations.

The Veteran's claims for service connection for left and right knee disabilities, as well as a heart condition and respiratory disability (claimed as asthma), are granted. The Board also remanded the issues of service connection for a heart condition and respiratory disability.

The Veteran's brain cancer is granted service connection due to presumed exposure to herbicide agents in Vietnam. The claims for sleep apnea, lung nodules, asthma, and GERD are denied as there is no evidence linking these conditions to his military service or herbicide agent exposure.

The Board has granted service connection for the Veteran's asthma, finding that it was incurred in service and is related to his military service.

The Board has determined that the appeal was erroneously docketed under the Modernized Appeals System (AMA) and is dismissed. The issues will be addressed in a decision under the legacy system at a later date.

The Board has granted service connection for a neck disorder, memory and concentration impairment, and asthma. The neck disorder is presumed to have been incurred in service due to the Veteran's military duties as a diesel engine mechanic. Memory and concentration impairment are secondary to his service-connected nerve damage to his right hand treated with gabapentin. Asthma is presumed based on the Veteran's exposure to burn pits while serving in Vietnam.