Asthma decisions — 2023

The Veteran's claims for service connection are remanded due to the need for further medical examination and opinion regarding the relationship between her current conditions and service or a service-connected disability.

The Veteran's service-connected diabetes is found to be the primary cause of his diagnosed conditions, including asthma, erectile dysfunction (ED), hypertension, bilateral diabetic retinopathy, peripheral neuropathy in multiple extremities, and a left eye scar. The Board has granted increased ratings for these conditions based on their secondary relationship to diabetes.

The Veteran's asthma was rated at 30% since June 18, 2018. The Board has now granted a higher 60% rating for the entire period on appeal due to more nearly approximated a FEV-1 of 40 to 55 percent predicted.

The appeals for service connection for bilateral hip, bilateral shoulder, eczema, athlete's foot, major depressive disorder and adjustment disorder are dismissed. Service connection is granted for major depressive disorder and adjustment disorder on a secondary basis.

The Veteran's PTSD is rated at 70 percent since September 27, 2014. The Veteran's headaches are rated at 50 percent since June 17, 2019. The Veteran's tinnitus is rated at 10 percent.

The Veteran's claim for service connection for asthma was denied in a February 2007 rating decision. New and material evidence has not been received to reopen this claim.,New and material evidence has been received to reopen the Veteran's previously denied claims for service connection for chronic tension headaches (headaches) and tinnitus, both of which are now granted.

The appeal regarding the timeliness of a substantive appeal filed on May 3, 2018 is denied. The Veteran's Form 9 was received more than sixty days after the SOC was issued in March 2018.

The Veteran's claims for earlier effective dates for service connection were denied.,No new evidence was presented to reopen the previously denied claims.

A 30 percent rating for asthma is granted, separate from a rating for service-connected obstructive sleep apnea (OSA). The appeals seeking reopening of a prior final denial of service connection for memory loss; service connection for fatigue, bilateral hearing loss, and hernia; increased ratings greater than 10 percent each for right knee strain with patellofemoral pain syndrome and residuals of right fifth metatarsal fracture; and an earlier effective date than May 23, 2018, for the grants of service connection for left and right knee strain with patellofemoral pain syndrome, lumbosacral strain, hypertension, tension headaches, right and left shoulder strain with glenohumeral joint instability, and asthma are dismissed.

The Veteran's respiratory disability, including asthma and COPD, is granted as service connected due to exposure to toxic fumes during combat in Vietnam.

The Board has determined that additional evidence was submitted and requires further review by the AOJ before a final decision can be made.

The Board has remanded the Veteran's claims for service connection due to incomplete etiology opinions and failure to substantively comply with previous directives.,Specifically, the Board found that the VA examiners' opinions were inadequate as they did not address the Veteran's contentions regarding his MOS as an aircraft mechanic and the onset of symptoms during work activities.

The Board has remanded the cases due to procedural errors and the need for a Statement of the Case (SOC). The Veteran is seeking service connection for obstructive sleep apnea and other respiratory disabilities, including COPD, asthma, and sinusitis.

The Veteran's fibromyalgia and depression have been granted service connection. The Veteran's disability characterized by fatigue, including chronic fatigue syndrome caused by gulf war syndrome and obstructive sleep apnea caused by obesity, and asthma are being remanded for further development.

The Veteran withdrew his appeal for an increased rating for asthma, and the Board dismissed the case as a result.

The Veteran's service-connected disabilities do not render him unemployable, and the Board denied his claim for TDIU.

The Veteran's asthma is currently rated at 30 percent, and the Board denied a higher rating.,The Veteran was granted TDIU from April 20, 2020. The case is being remanded to consider entitlement to TDIU before that date.

The Board has decided to remand the case for a VA examination and opinion regarding whether the Veteran's service-connected asthma alone qualifies him for special monthly compensation (SMC) based on housebound status and need for regular aid and attendance.

The Veteran's asthma disability was found to be permanent and total, but the issue is dismissed as the benefit sought (Dependent's Educational Assistance) has already been granted.

The Board has remanded the case due to insufficient evidence regarding the Veteran's respiratory condition and exposure history. A new VA examination is needed, including a Toxic Exposure Risk Activity (TERA) specific examination.