Asthma decisions — 2023

The Veteran's asthma and COPD are presumed to have been incurred in active service. The Board has remanded the case for further development regarding any other respiratory disorder, including bronchitis.

The Veteran's request for a TDIU rating since December 21, 2015 is dismissed as her service-connected disabilities have resulted in a 100% combined disability rating. The TDIU claim for the period before December 21, 2015 is remanded.

The Veteran's claim for increased ratings for bronchial asthma was denied. Prior to December 5, 2018, the Veteran required intermittent inhalational and oral bronchodilator therapy, which did not meet the criteria for a higher rating. On and after December 5, 2018, he required daily inhalational therapy, but his FEV-1/FVC ratio was still above 80 percent, thus not meeting the criteria for a higher rating.

The reduction of the PTSD rating from 100% to 50% is granted, effective February 1, 2016. The Veteran's sleep apnea and right knee strain are rated as they were before. TDIU and SMC at the housebound rate are also granted.

The Board has denied service connection for asthma and remanded the issue of a compensable rating for herpes simplex virus due to incomplete compliance with previous remand directives.

The Board has denied a compensable rating for bilateral hearing loss and has remanded the issue of service connection for a respiratory disorder.

The Board has determined that the Veteran's service-connected disabilities did not prevent him from securing and following substantially gainful employment prior to July 30, 2021.

The Veteran was granted a TDIU rating prior to March 24, 2010 due to his service-connected disabilities preventing him from securing or following substantially gainful employment.

The Veteran's respiratory disability, including asthma, is remanded due to inconsistencies in his service records regarding his alleged service in Iraq. The claim will be further evaluated under the PACT Act and for any other basis if possible.

The Board denied service connection for an acquired psychiatric disability and bronchial asthma due to lack of evidence linking these conditions to service. The Veteran failed to report for a VA examination, which was scheduled in July 2022.

The Board has remanded the case due to inadequate compliance with previous remand directives. The Veteran's asthma is found to have existed prior to service, and there is a need for an addendum opinion regarding whether it was aggravated by active duty.

The Board has remanded the cases due to incomplete or inadequate medical opinions, and for additional development related to substitution requests and records.

The Board has remanded the case for further development to address the etiology of the Veteran's respiratory disorder, specifically asthma. The VA medical opinions provided were inadequate and need to be supplemented with a new opinion addressing pre-service existence, aggravation during service, and direct relationship to service.

The Veteran's bronchial asthma was granted a 100% rating from January 17, 2012 to August 8, 2022. The other issues remain pending and will be remanded for further review.

The Veteran's claims for increased ratings were denied, with the exception of a remand for further development on several service connection issues. The lumbosacral strain claim was denied as there is no evidence that it meets the criteria for a higher rating. The allergic rhinitis claim was also denied since it does not meet the criteria for a 10% rating due to lack of obstruction or polyps. Other claims were remanded.

The Veteran's asthma symptoms do not meet the criteria for a rating over 10 percent, as they do not involve FEV-1 or FEV-1/FVC of 56 to 70 percent predicted, daily inhalational or oral bronchodilator therapy, inhalational anti-inflammatory medication, at least monthly visits to a physician for required care of exacerbations, intermittent courses of systemic corticosteroids, more than one attack per week with episodes of respiratory failure, or immuno-suppressive medications. The Veteran's asthma symptoms are currently rated as 10 percent disabling.

The Board has remanded the claim for an adequate VA examination to determine if the Veteran's current respiratory disability, including asthma and COPD, is related to his in-service chemical exposure or treatment for pneumonia.

The Board has remanded the claim for a VA pulmonologist to address whether any of the Veteran's lung disorders were caused by his in-service exposure to lead-based paints, various contaminants, and/or asbestos fibers aboard the USS Moale. The case is now pending further review.

The Veteran's adjustment disorder with mixed anxiety and asthma have been granted service connection. The Board has remanded the issues of service connection for a right wrist disorder, left wrist disorder, and gastroesophageal reflux disease (GERD).

The Board has decided that the Veteran's asthma, claimed as a respiratory condition and shortness of breath, is related to her service-connected sinusitis. However, an addendum medical opinion is needed to determine if this relationship is due to or aggravated by the sinusitis.