Asthma decisions — 2023

The Veteran's PTSD, right shoulder injury, tender scars, asthma, and sleep apnea disabilities were denied increased ratings. The Veteran was not working due to his service-connected conditions but returned to work.

The Veteran's carpal tunnel syndrome, asthma, migraine headaches, chronic sinusitis, and gastroesophageal reflux disease (GERD) have been granted service connection. However, the initial ratings for asthma, migraine headaches, chronic sinusitis, and GERD are being remanded due to lack of recent VA examinations.

The Veteran's service-connected disabilities, including asthma with chronic bronchitis and obstructive sleep apnea, have rendered him unable to secure or follow a substantially gainful occupation since January 13, 2022.

The Veteran's irritable bowel syndrome is currently rated at 10 percent, and the Board finds that a higher rating is not warranted.,The Veteran's asthma is currently rated at 30 percent, and the Board finds that a higher rating is not warranted.

The Board has remanded the case due to incomplete records and inadequate opinions. The Veteran's respiratory disabilities, including asthma, bronchitis, and COPD, are being reviewed for service connection. Additionally, a determination is needed on whether these conditions clearly and unmistakably preexisted service.

The Board has remanded the claim for further medical evaluation and opinion to determine if any current respiratory conditions are related to service, including exposure to asbestos or smoking.

The Veteran's claim for service connection for sleep apnea, claimed as secondary to his service-connected asthma, is being remanded.,The Veteran's appeal regarding a rating in excess of 10 percent for chronic maxillary sinusitis remains pending and will be addressed after the requested examination.,The Veteran's claim for a compensable rating for onychomycosis of bilateral feet is also pending and will be addressed after the requested examination.

The Veteran's service-connected disabilities have not prevented him from securing and following substantially gainful employment.

The Board has remanded the Veteran's claims for service connection due to incomplete records and need for further examination. The issues of right foot, left foot, lumbar spine, arthritis (including rheumatoid arthritis), respiratory disability (including asthma, fainting spells, and chronic cough), pulmonary embolism, and lupus are all being remanded.

The Veteran's vertigo is granted as service-connected. An initial compensable rating for the abdominal scar is denied, but a separate 10 percent rating for painful scar as of February 8, 2022, is granted. Service connection for dyspnea (claimed as asthma), right shoulder condition, bilateral pes planus, left knee condition, and right ankle condition are all remanded.

The Veteran's asthma has been granted a 60 percent rating prior to April 5, 2013. From April 5, 2013, to May 10, 2022, the Veteran's OSA with asthma is rated at 50 percent. Effective from May 10, 2022, a single rating for both conditions has been assigned.

The Veteran's claim for service connection for a psychiatric disorder, to include PTSD, has been reopened. The evidence submitted is new and material as it relates to the unestablished facts necessary to substantiate the claim.,The Veteran's claim of asthma was not reopened because no new and material evidence was received.,The Veteran's claim for service connection for a right foot disorder has been reopened. Evidence from private doctors suggests that the condition may have started during service, but VA treatment records do not support this.,The Veteran's claims for service connection for a right knee disorder and right hip disorder are remanded due to insufficient evidence.,The Veteran's claim for service connection for a right hip disorder is also remanded.

GERD has been dismissed as the RO granted a new claim for GERD in June 2023, which was not part of the original appeal.,Service connection for scars on the bilateral eyebrows is granted. The Veteran's lay testimony regarding his injury during service is considered credible.

The Board has found that the VA examinations and reports are inadequate, and thus remanded for further development including obtaining private treatment records and a VA examination to determine if any respiratory disability is related to service or herbicide exposure.

The Veteran's claim for an effective date earlier than December 5, 2017 for the grant of service connection for asthma has been denied. The Board also remanded his case for a higher initial rating for asthma.

The Veteran's application to reopen a previously denied claim for service connection for a lung condition is granted. The right knee disability and right knee scars are remanded for further evaluation.

The Board has granted the Veteran's claims for service connection for asthma and OSA, finding that his current conditions are related to his period of active service.

The Board has remanded the case due to inadequate VA medical opinion regarding the Veteran's cause of death, specifically related to in-service radiation exposure and its potential link to lung conditions.

The Board has remanded the claims for service connection for OSA and respiratory disorders due to inadequate opinions on causation and aggravation by service-connected disabilities, including bilateral hearing loss and tinnitus.

The Board has denied service connection for chronic mycotic infections of the right and left feet, finding that there is no evidence in the record to support a nexus between these conditions and active service.,Service connection for low back disorder, respiratory disability (including asthma and COPD), erectile dysfunction associated with low back disorder, and sciatic radicular pain and weakness of the legs are remanded due to insufficient development and examination.