Asthma decisions — 2024

The Board has found that the previous remand directives were not fully complied with and requires a new opinion on whether the Veteran's asthma is aggravated by his service-connected allergic rhinitis and sinusitis. The case is being returned to the AOJ for this purpose.

The Veteran's appeals for increased disability ratings and effective dates were dismissed due to untimely filing of the VA Form 10182, as no good cause was presented.

The Board has remanded the cases for further development due to incomplete records and issues with obtaining medical opinions. The right ankle disability, asthma, and hemorrhoids claims are all being reviewed.

The Veteran's service connection claims for pneumothorax and associated scar are granted. Service connection is denied for asthma.

The Veteran's claims for asthma, allergic rhinitis, and chronic rhinosinusitis were granted on a presumptive basis from August 5, 2021. The Board denied the request for an earlier effective date.

The Board has remanded the claims for service connection due to a duty to assist error, and will consider each issue individually.

The Veteran's asthma is found to have started during his active duty service, and the Board has granted service connection for this condition.

The Board has decided to remand the case due to inadequate consideration of all evidence, including private treatment records. A VA examination and medical opinion are required for a TERA (toxic exposure risk activity) claim involving heavy black smoke and fumes from equipment and vehicles.

The Veteran withdrew his appeal for the issues of asthma, left hand condition, diabetes mellitus type II, and neck condition.

The Veteran's asthma is granted on a presumptive basis due to exposure to burn pits and Gulf War exposure. The Veteran's IBS claim for an increased rating remains denied, as the current 30% rating is the maximum allowed under VA regulations. Service connection for asthma other than pursuant to the PACT Act is remanded. TDIU based on IBS is also remanded.

The Veteran's asthma is granted as service connected due to exposure to burn pits during his Southwest Asia service, with an effective date not specified.

The Board has decided that the Veteran's obstructive sleep apnea should be remanded for further examination and opinion regarding its etiology, as it may be related to his service-connected mood disorder or asthma. The examiner must address whether obesity is an intermediate step between these conditions.

The Veteran's recurrent ankle, foot, and wrist disabilities are being remanded for further examination to determine their relationship to service. The respiratory and sinus disabilities are also being remanded.

The Veteran's asthma is attributable to service and the Board has granted direct service connection for his condition.

The Veteran's service connection claims for allergic rhinitis and asthma are granted due to presumed exposure to fine particulate matter during active service.

The Veteran's appeals for service connection for asthma, rhinitis, and sinusitis are dismissed as moot due to the grant of service connection in a prior decision. The claim for service connection for sinusitis is remanded.

The Board denied service connection for asthma, pulmonary nodules, and chronic cough due to a lack of evidence linking these conditions to service. The Veteran was diagnosed with asthma in April 2023 but the January 2024 VA examiner found no current diagnosis of asthma. The Board also found that there is insufficient evidence to link the lung disability (nodules and cough) to service.

The Board has remanded the claims of service connection for COPD, asthma, and chronic bronchitis due to inadequate VA examinations and failure to consider all relevant evidence. The Veteran's symptoms are related to in-service exposure to burn pit smoke.

The Veteran's claims for specially adapted housing and special home adaptation grant are being remanded due to the need for additional development, including a VA examination to determine if his service-connected disabilities meet the criteria for these benefits.

The Veteran's asthma is granted service connection, and his right hip disability is denied an increased rating.