Asthma decisions — 2023

The Veteran's service connection for exercise-induced asthma has been granted, but his initial increased rating in excess of 30 percent for panic disorder and TDIU have been remanded.,The Board found that the evidence was at least in equipoise on whether the Veteran's current respiratory condition is related to service. However, it denied an increase in rating for panic disorder due to lack of occupational and social impairment with reduced reliability and productivity.

The Board has remanded the cases of service connection for sarcoidosis and asthma due to the Veteran's failure to report for VA examinations. The case will be returned to the AOJ for further development, including scheduling a TERA examination.

The Veteran's tinnitus is granted as service-connected. The respiratory and stomach conditions, as well as bilateral hearing loss, are remanded for further evaluation.

The Veteran's claims for asthma, sleep apnea, arthritis in the right hand, hearing loss, tinnitus, deformity of toenails, eczema, and painful scars on feet and legs are remanded due to missing military records. The Veteran may be entitled to presumptive service connection based on Persian Gulf War exposure.

The Veteran's tinnitus is granted as service-connected. The respiratory and stomach conditions, as well as bilateral hearing loss, are remanded for further evaluation.

The Veteran's lumbar spine degenerative disc disease, right knee patellar enthesopathy, and asthma are all found to be related to service. The Board has granted service connection for these conditions. Service connection for obstructive sleep apnea is remanded due to lack of a current diagnosis.

The Board denied the Veteran's claim for service connection for asthma, finding that there is no factual basis in the record to link her current asthma to active military service.

The Veteran's service-connected disabilities, including migraine headaches, exercise-induced asthma, lumbago with L3-L4 disc herniation, cervical spine strain post-fusion C5-C6 with disc bulging and stenosis, bilateral plantar fasciitis and calcaneal spurs left heel, noncompensable right ear hearing loss, prevented him from securing or following a substantially gainful occupation prior to September 20, 2021. The Board granted the Veteran's claim for an extraschedular TDIU during this period.

The Veteran's claim for service connection for bronchitis is denied as there is no evidence of a chronic disability manifested during or after service.,Service connection for vitamin deficiency is denied because it is not considered a compensable disability and the Veteran does not have an underlying condition.

The Veteran's asthma is granted service connection under the VA Interim Final Rule found at 86 Fed. Reg. 42724 (August 5, 2021), to be codified at 38 C.F.R. � 3.320, due to presumed exposure to burn pits during Southwest Asia service.

The Veteran's claim for an earlier effective date for the 50 percent rating of sinusitis is denied. The Board found that there was no evidence to support a factually ascertainable increase in disability within one year prior to her ITF, and thus, she is not entitled to an earlier effective date.

The Board has remanded the case for further development and examination to address the nature and etiology of asthma present during the claim period, including whether it is clear and unmistakable that the Veteran's asthma pre-existed active service or was aggravated by service.

The Veteran's application to reopen his claim for service connection of Meniere's disease was denied. The Board also remanded the issue of service connection for asthma due to exposure to poor quality air during service.

The Veteran's asthma began during active service and the Board has granted service connection for this condition.

The Veteran's appeals for service connection for asthma, an increased rating for tinnitus, and SMC based on loss of use of a creative organ have been dismissed.

The Veteran's claim for service connection for a pulmonary condition, including frequent pneumonia, asthma, and COPD is being remanded due to the need for additional development and an opinion regarding the relationship between his in-service herbicide exposure and his current conditions.

The Veteran's PTSD is granted at a 70% rating, asthma is granted on presumptive basis under the PACT Act, and migraine headaches are denied. Service connection for an upper respiratory disorder other than asthma is also remanded.

The Board has remanded the cases of service connection for an acquired psychiatric disorder, right ear hearing loss, and asthma due to inadequate medical opinions regarding their etiology. The Veteran's claims are being returned for further development.

The Veteran's asthma was granted service connection and is considered secondary to his in-service exposure. The Board finds that the evidence does not show by clear and unmistakable evidence that the preexisting asthma was not aggravated during service.,For hallux valgus of the left foot, a 10 percent rating has been granted since June 9, 2013, to November 30, 2016. The Veteran is receiving the maximum schedular rating for this period and higher ratings are not warranted.

The Board has dismissed the Veteran's appeals for service connection for a heart murmur and asthmatic attacks-allergies because the claims were filed in the legacy review system, which requires timely disagreement within one year of the decision. The April 1974 rating decision became final as no appeal was submitted.