Asthma decisions — 2023

The Board finds that the Veteran's asthma, diabetes mellitus, type II, left eye disability, hypertension, right leg disability, left knee disability, right knee disability, and left shoulder disability did not begin during or are not related to his active duty service.,The evidence does not support a finding of exposure to herbicide agents such as Agent Orange.

The Veteran's asthma is related to exposure to burn pits while serving in Saudi Arabia. The Board granted service connection for this condition, finding it meets the criteria for presumptive service connection under the PACT Act.

The Board has determined that the VA medical opinions provided in March and August 2023 are inadequate to address all of the issues raised by the Veteran's representative. The Board is therefore remanding the case for further examination and opinion.

The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected asthma, finding that there is an approximate balance of evidence in favor of the claim.

The Board has remanded the Veteran's claims for asthma, left hand disability, right ankle disability, and right foot disability due to insufficient medical opinions regarding their etiology.

The Veteran's hypertension is granted as presumptively service-connected due to presumed exposure to herbicide agents. Other claims are remanded for additional development.

The Veteran's claim for service connection for asthma is being remanded due to a failure to obtain VA treatment records and verify the type of service during his Air National Guard period.

The Veteran's asthma is rated at 100 percent, effective December 21, 2021. The Veteran also receives SMC based on statutory housebound status from December 21, 2021, through August 31, 2022.

The Veteran's claims for service connection for depression, anxiety and panic attacks, diabetes mellitus type II, right shin splints, left hip disability, left foot disability, right foot disability, difficulty breathing (asthma), bilateral eye disability, right ankle disability, left ankle disability, and chest pain have been denied due to lack of evidence showing a link between these conditions and service.,New evidence received since the last denial has not provided sufficient information to support the Veteran's claims for service connection for depression, anxiety and panic attacks, diabetes mellitus type II, right shin splints, left hip disability, left foot disability, right foot disability, difficulty breathing (asthma), bilateral eye disability, right ankle disability, left ankle disability, and chest pain.

The Board has denied an increase in the rating for right ear hearing loss and has remanded the issue of service connection for a respiratory disability due to occupational exposures as a helicopter repairman during service.

The Veteran's claims for service connection for allergic rhinitis and asthma have been granted. The claims for service connection for bronchitis and COPD have been denied.

The Board has remanded the Veteran's claims for service connection for a respiratory condition, to include asthma, and a low back disorder due to missing VA examinations. New examinations are required.

The Veteran's claim of entitlement to service connection for sleep apnea and cervical spine disability has been reopened due to the submission of new medical evidence. The claims are now remanded for further development.,The Veteran's claims for right shoulder, right hand, fibromyalgia, asthma, chronic fatigue syndrome, costochondritis (chest pain), lumbar spine disability, and cervical spine disability have all been withdrawn by the Veteran.

Your appeal for a higher rating for asthma with recurrent acute bronchitis has been dismissed because the issue was already decided in another case.

The Veteran was granted a TDIU due to his service-connected disabilities preventing him from obtaining and maintaining substantial gainful employment.,The Veteran's bilateral hearing loss rating was restored to 20 percent effective October 22, 2019.

The Veteran's service connection claim for gastroenteritis is denied. The Veteran's PTSD rating is increased to 70 percent, effective June 19, 2019. The Veteran's TDIU claim is denied. Service connection for asthma remains denied.

The Veteran's TDIU claim is dismissed as moot due to his receipt of a 100% schedular rating for residuals of TB, effective April 26, 2011. The Board has referred the issue of entitlement to a TDIU on an extraschedular basis prior to April 26, 2011, to the Director of Compensation Service.

The Veteran's asthma has not resulted in the required symptoms for a compensable rating.,His bilateral hearing loss does not meet the criteria for a higher than 40 percent rating.,There is no evidence of hepatitis C or any related condition.

The Veteran's asthma has been granted service connection, with the decision finding that his current condition is related to symptoms he experienced during active duty.,Service connection for OSA as secondary to service-connected disabilities (including PTSD, allergic rhinitis, and foot conditions) has also been granted. The Board found that obesity caused by these service-connected conditions contributed to the Veteran's sleep apnea.

The Veteran's hypertension, acquired psychiatric disorder (including PTSD and unspecified depressive disorder), asthma, and unspecified heart disorder are all granted as they are presumed to be related to his service in Vietnam due to herbicide agent exposure.