Asthma decisions — 2024

The Veteran's asthma with exertional dyspnea is currently rated at 10 percent, and the Board finds that a higher rating is not warranted.,The Veteran's allergic rhinitis does not meet the criteria for a compensable disability rating.

The Veteran's scoliosis of the thoracolumbar spine is denied an increased evaluation. The Board granted presumptive service connection for asthma on a basis other than PACT Act, but remanded to obtain additional medical opinions regarding TERA exposure and secondary service connection for migraines.

The Veteran's claims for service connection have been granted, and the cases are remanded to obtain a medical opinion regarding the etiology of their respiratory conditions.

The Board has granted the appellant's petition to reopen claims for service connection for PTSD, left ear hearing loss, asthma, lumbar spine condition, cervical spine condition, and bilateral shoulder condition. The appeal is mixed as some issues were granted while others were denied.

The Board has granted a TDIU rating prior to April 26, 2011, based on the Veteran's service-connected respiratory disabilities preventing him from engaging in substantially gainful employment.

The Veteran's claim for service connection for Other Specified Trauma and Stressor Related Disorder (claimed as PTSD and Depression) is granted. The appeal to reopen the claim of service connection for asthma is also granted.

The Veteran's service-connected disabilities, including lumbar spine degenerative joint and disc disease, osteoarthritis of the right hand second digit and thumb, asthma, left lower extremity radiculopathy, right lower extremity radiculopathy, hypertension, hiatal hernia with gastroesophageal reflux disease (GERD), prostate cancer with prostatectomy, bilateral hearing loss, erectile dysfunction, right thigh residual scar, right index finger scar, and abdomen scar, have rendered him unable to secure or follow substantially gainful employment. As a result, the Board has granted TDIU.

The Veteran's bronchial asthma is related to service and the Board has granted service connection for this condition.

The Veteran's asthma is currently rated at 60 percent, which is the maximum rating available under VA regulations. The evidence does not support a higher rating as there are no findings of more than one attack per week with episodes of respiratory failure or daily use of systemic high dose corticosteroids or immunosuppressive medications.

The Veteran's claims for bronchial asthma and sinusitis were granted effective August 5, 2021, due to a liberalizing rule that established presumptive service connection for these conditions in association with Gulf War exposure. The effective date is set at the earliest possible under VA regulations.

The Veteran's asthma claim is being remanded due to new evidence received after the final February 2007 rating decision.,Service connection for an acquired psychiatric disability, including anxiety and depression, is granted. The Veteran's current acquired psychiatric disability is related to service.

The Veteran's appeals for a compensable rating for right medial tibial stress syndrome, a rating greater than 30 percent for asthma, and a rating greater than 20 percent for lumbar strain with spondylolisthesis and joint space narrowing have been withdrawn. The Veteran has also been granted TDIU based on his service-connected disabilities.

The Veteran's appeal for increased ratings and TDIU was denied. The appellant is not eligible to the direct payment of attorney fees based on past-due benefits awarded in the March 2021 rating decision.

The Veteran's claims for increased ratings and service connection have been remanded due to the need for further development, including obtaining updated medical examinations.

The Board has remanded the case due to insufficient medical opinions and records, particularly regarding the Veteran's diagnoses and their relationship to service. The case needs further development to clarify these issues.

The Board has dismissed the Veteran's appeals for ratings greater than 20 percent for lumbar strain with spondylolisthesis and joint space narrowing, a compensable rating for right medial tibial stress syndrome (also claimed as right ankle shin splints), and a rating greater than 30 percent for asthma.

The Veteran withdrew his appeals regarding service connection for asthma, hemorrhoids, right knee condition, left knee condition, low back pain, and kidney stones.

The Board has remanded the case due to errors in obtaining necessary medical opinions and VA treatment records, as well as potential exposure to burn pits during service. The Veteran's respiratory disabilities are presumed related to his service in Southwest Asia under the PACT Act.

Service connection for asthma is granted pursuant to the PACT Act, which presumes exposure to burn pits and other toxins without regard to date of onset. Other service connection claims are remanded.

Service connection is granted for right and left hip posttraumatic arthritis.,Service connection is denied for asthma.