Asthma decisions — 2024

The Board has denied the Veteran's claims for service connection for asthma and a chronic lumbar spine disorder, finding that there is no evidence of aggravation beyond its natural progression during active service.

The Veteran's left lung cancer is granted service connection due to presumed exposure to herbicide agents in Vietnam.,Service connection for colon cancer is granted based on presumptive exposure to herbicide agents in Vietnam.

The Veteran's asthma, allergic rhinitis, bronchitis, bilateral plantar fasciitis, cardiovascular disease, left shoulder condition, scars, kidney condition, TBI residuals, diabetes mellitus type II, diverticulitis, gastritis, and hypertension are remanded due to incomplete service records.

The Board has remanded the Veteran's claims for service connection for asthma, chronic right knee pain, chronic left knee pain, lumbar strain, migraine headaches, and stomach problems due to incomplete service records and outstanding VA treatment records.

The Veteran's COPD was rated under Diagnostic Code 6604, but his PFT values and FEV-1/FVC values exceeded the criteria for any compensable levels. Therefore, a compensable initial disability rating was not warranted.

The Board has found pre-decisional duty to assist errors and remanded the claims of service connection for COPD and Asthma due to a lack of VA examinations or medical opinions.

The Veteran's asthma rating was restored from a 10% to a 30% effective as of the date of the reduction.

The Veteran's asthma has been rated at 30 percent, but the Board is remanding the case to ensure proper evaluation and consideration of his condition.

The Veteran's asthma is granted as service-connected. The claims for hypertension, an acquired psychiatric disorder (likely depression), and left knee sprain are remanded.

The Board has found that a remand is necessary due to the lack of proper notice regarding an element not met in denying the Veteran's increased rating claim for asthma with recurrent acute bronchitis. The Veteran was not informed about the intermittent course of systemic corticosteroids, which may have been an issue.

The Veteran's service-connected recurrent pneumonia with lung scarring has rendered him unable to secure or follow a substantially gainful occupation due to the combined effects of his service-connected disability and other non-service-connected respiratory conditions.

The Veteran's claim for service connection for COPD is denied as there is no current diagnosis of COPD in the record, and his symptoms are attributed to other already service-connected conditions.

The Veteran's appeal for an earlier effective date for service connection of asthma was denied as the withdrawal of his previous appeals and the filing of a supplemental claim more than a year later precluded any earlier effective date.

The Veteran's claims for TDIU and Dependents' Educational Assistance were denied as there was no factual basis to grant earlier effective dates, with the exception of a 10% increase in disability rating for tinnitus from October 29, 2017. The Board found that the Veteran did not become unemployable within one year prior to October 29, 2018.

The Board has remanded the claims of service connection for various conditions due to a pre-decisional duty to assist error and the need for additional medical opinions.

The Board has remanded the claims for service connection due to insufficient evidence and needs further development.

The Veteran's appeal for an effective date prior to September 17, 2023, for the grant of service connection for asthma was denied. The appeal for a compensable rating for allergic rhinitis also failed.

The Board has remanded the Veteran's claim for a bilateral lung condition due to insufficient evidence, specifically a lack of an opinion regarding whether his current lung conditions are related to service. The case will be returned for further development.

The Board has determined that the evidence does not demonstrate a nexus between the Veteran's currently diagnosed asthma and service, but has found deficiencies in the VA medical opinion. The matter is being remanded to obtain an Individual Longitudinal Exposure Record (ILER) for the Veteran's claimed exposure to smoke from artillery and burn pits in Vietnam used to burn oil and garbage, and to obtain a new TERA memorandum.

The Board denied service connection for asthma, finding that the Veteran's condition pre-existed military service and was not aggravated by any in-service event or illness.