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1,073 vetted Board decisions in 2024.
The Veteran's tinnitus and asthma have been granted service connection. The Veteran's headaches are remanded for a secondary service connection opinion, and her sleep apnea is also remanded for an aggravation of service-connected condition opinion.
The Board granted service connection for asthma, finding that the Veteran's preexisting condition was aggravated by their service in the South West Asia Theatre of Operations.
The Veteran's asthma is currently rated at a 10 percent disability rating since March 1, 2022. The Board found that the evidence did not show more than intermittent use of inhalational therapy.
The Veteran's appeal for a higher rating for his service-connected obstructive sleep apnea with asthma was denied. The Board found that the predominant disability is OSA, which warrants a 50 percent rating under DC 6847. Asthma does not warrant a separate rating as it has been stable and does not meet criteria for a higher rating.
The Veteran's appeal for an increased rating for residuals of mild traumatic brain injury with post-traumatic headaches was denied. The evidence did not show that the condition resulted in Level 2 impairment, which is necessary to warrant a 40 percent rating.,The Veteran's application for TDIU was also denied as his service-connected disabilities alone do not meet the schedular criteria for individual unemployability.
The Board has restored a 30 percent disability rating for asthma from August 16, 2022. The issue of service connection for GERD is remanded due to a duty-to-assist error.
The Veteran's bronchial asthma is rated at a 30 percent disability rating, effective March 8, 2013.
The Veteran's asthma rating was restored to 60%, service connection for cannabis use disorder as secondary to his service-connected psychiatric disorder was granted, and earlier effective dates were granted for asthma, hypertension, and acquired psychiatric disorder.
The Veteran's asthma was diagnosed and treated during service, and the Board found direct service connection for this condition.
The Veteran's asthma and tinnitus were not granted service connection due to lack of evidence showing they began during or immediately after his military service.,Service connection for PTSD was denied as there is no credible evidence linking the disability to service. The Veteran did not provide any medical records supporting this claim.
The Board has determined that the Veteran's asthma, which manifested after separation from service and is not clearly or unmistakably preexisting, was at least as likely as not due to his active service, including his exposure to Agent Orange, napalm, burn pits, and fuel fumes. As such, the claim for service connection for asthma has been granted.
The Veteran's PTSD is rated at 70 percent, reflecting significant occupational and social impairment.,The Veteran's asthma with COPD is rated at 60 percent, indicating moderate disability in breathing.
The Veteran's asthma, COPD, and bilateral hearing loss are granted as service-connected on a direct basis. The Board found the evidence in approximate balance regarding the onset of his respiratory symptoms during active duty.
The Veteran's appeals for a decrease in the rating for hearing loss and discontinuance of Dependents' Educational Assistance (DEA) benefits, as well as his appeal regarding service connection for asthma and an increased rating for right foot fracture, have been dismissed due to lack of jurisdiction. The proposed reductions were not yet finalized at the time of the Veteran's appeals.
The Veteran's claim for service connection for asthma with chronic bronchitis was granted, effective November 12, 2020. The Board found that the evidence was in approximate balance regarding whether his current conditions are related to service.
The Board denied the Veteran's claim for an effective date earlier than August 17, 2019 for the grant of special monthly compensation (SMC) under 38 U.S.C. § 1114(s)(1), as the Veteran did not meet the criteria for SMC prior to that date.
The Veteran's service-connected asthma requires daily inhalational or oral bronchodilator therapy, and the Board has granted a 30 percent initial rating for this condition effective July 23, 2022.
The Board has determined that the VA medical opinions are inadequate and a remand is necessary to correct pre-decisional duty to assist errors.
The Veteran's asthma is rated at a 30 percent disability rating from August 16, 2021 and continues to be rated as such. The Board granted this initial rating based on the need for intermittent inhalational bronchodilator therapy.
The Board has granted an effective date of March 15, 2011 for the award of a total disability rating based on individual unemployability due to service-connected disabilities (TDIU). The Veteran's service-connected conditions rendered him unable to maintain employment prior to this effective date.
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