Asthma decisions — 2023

The Board has determined that additional medical opinions are needed to properly adjudicate the Veteran's claims for service connection for asthma and a low back disability due to inadequate previous opinions.

The Veteran's claims for asthma, hypothyroidism, bilateral tinnitus, bilateral hearing loss, hypertension, migraine headaches, back disability, left knee strain, right knee strain, right knee recurrent subluxation, left knee recurrent subluxation, and right lower extremity radiculopathy were denied as the earliest effective date is December 19, 2016.,The Veteran's claims for asthma, hypothyroidism, bilateral tinnitus, bilateral hearing loss, hypertension, migraine headaches, back disability, left knee strain, right knee strain, right knee recurrent subluxation, left knee recurrent subluxation, and right lower extremity radiculopathy were denied as the earliest effective date is December 19, 2016.

The Veteran's claims for service connection were denied. The Board found no new and material evidence to reopen the asthma claim, and denied service connection for anxiety disorder, right foot disability, and right ankle disability due to lack of in-service injury or diagnosis. Service connection was also denied for a back disability as there is no evidence of unfavorable ankylosis or incapacitating episodes. The Veteran's radiculopathy of the right lower extremity from June 14, 2018, received a separate rating.

The Veteran's claims for service connection have been reopened due to the submission of new and material evidence. The Board has remanded these cases for further development.

The Board has remanded the cases due to an error in the previous decision regarding medical opinions and a need for further examination.

The Veteran's petition to reopen his claim of service connection for a left rib condition is granted. The Board also remanded the claims for service connection for left ankle, hip, and respiratory conditions.

The Veteran's asthma is rated at 100% and renders the claim of entitlement to a Total Disability Rating Based on Individual Unemployability (TDIU) moot.,The Board has remanded the claims for service connection for a heart disability and special monthly compensation based on housebound status.

The Veteran's asthma is granted as presumptively related to his service in Djibouti. The cases for celiac disease and an acquired psychiatric disorder are remanded due to inadequate VA examinations, and the case for basal cell carcinoma is also remanded.

The Veteran's claims for service connection for a lung condition and increased ratings for diabetes mellitus, type II, peripheral neuropathy of the right lower extremity, and peripheral neuropathy of the left lower extremity have been denied. The Board found no evidence to support service connection for the lung condition or any other conditions on appeal.

The Board has remanded the case due to inadequate VA examination and lack of sufficient evidence to decide the claim without an adequate VA respiratory examination.

The Board has decided to remand the cases for a VA examination and medical opinion regarding whether the appellant's asthma and COPD are etiologically related to his conceded participation in toxic exposure risk activities (TERA) during service. The PACT Act requires this additional consideration.

The Board has remanded several issues related to the Veteran's right knee disability, including service connection for various other conditions. The claims are being returned for further development and examination.

The Veteran's asthma is granted on a presumptive basis due to exposure to burn pits and other toxic substances during service, as per the PACT Act. The remaining issues are remanded for further development.

The Veteran withdrew his appeal for service connection and increased ratings, including for asthma, sleep apnea, flat feet, calf/thigh muscle injuries, PTSD, bilateral knee, upper extremity radiculopathy, lower extremity radiculopathy, cervical spine, lumbar, and hypertension.

The Veteran's claims for increased evaluations of his cervical strain and TBI, as well as service connection for a respiratory disability (claimed as asthma) secondary to his service-connected neurocognitive disorder with mixed anxiety and depressive features, are being remanded due to the failure to schedule VA examinations. The issue of entitlement to a total disability rating based on unemployability due to service-connected disability is also being remanded.

The Board has decided to remand the Veteran's claims for psychiatric disability, asthma, and back degenerative disc disease due to insufficient evidence regarding their etiology. The case will be returned for further examination and opinion.

The Veteran's hearing loss and asthma have been granted service connection, but the rating for hearing loss is denied. GERD has been dismissed as a matter of law due to its severance from his record. The Board has remanded the case for further development regarding asthma prior to August 10, 2022.

The Board has denied the Veteran's claims for service connection for obstructive sleep apnea and asthma, finding that there is no evidence to support a nexus between these conditions and his military service or any service-connected disabilities.

The Board has remanded the Veteran's claims for service connection due to insufficient opinions provided in previous examinations and the need for additional VA examinations.

The Board has reopened the Veteran's claim for service connection for sleep apnea and remanded it for further development. The breathing condition (claimed as asthma/breathing condition) issue is also being remanded.