Asthma decisions — 2024

The Board denied an increased rating for asthma and granted an earlier effective date of May 2, 2021, for the assignment of a 60 percent disability rating.

The Board denied a rating in excess of 30 percent for asthma and a compensable rating for pseudofolliculitis barbae, but remanded claims for service connection for a psychiatric disorder, headaches, back disorder, and sinus disorder.

The Veteran withdrew his appeals for service connection for asthma, a left knee disability, and the readjudication of previously denied claims for erectile dysfunction, prostate cancer, a left hip disability, and migraines.

The Veteran's claims for service connection and initial compensable rating for allergic rhinitis, sinusitis, and a coughing condition (claimed as asthma) are denied. The effective date for the award of service connection for allergic rhinitis is April 12, 2021.

Service connection for asthma and OSA is granted due to exposure to burn pits, while service connection for chronic cough is denied.

The Board denied the Veteran's claim for an earlier effective date prior to August 5, 2021, for the grant of service connection for asthma due to lack of direct evidence linking the condition to his military service.

The Veteran's right ear hearing distortion is currently rated as Level I, which does not meet the criteria for a compensable evaluation.,Tinnitus has been assigned a maximum rating of 10 percent under Diagnostic Code 6260.

The Board dismissed the appeal as it was a proposed reduction in disability rating, not an actual final decision. The Veteran's disability rating for asthma with sarcoidosis remains at 60%.

The Veteran's service-connected major depressive disorder with anxious distress and traumatic brain injury has rendered him unable to secure or follow substantially gainful employment since January 2022, qualifying for a TDIU. Additionally, the Veteran is in receipt of SMC at the housebound rate due to additional service-connected disabilities. The claim for bilateral pes planus remains pending as it involves duty to assist errors.

The Board has decided to remand the claim of service connection for sleep apnea due to conflicting evidence and a need for further medical opinion regarding causation and aggravation.

Service connection for asthma is granted based on presumed exposure to fine, particulate matter. Service connection for emphysema is granted pursuant to the PACT Act.,Service connection for a back disability and neck disability are remanded.

The Veteran's claims for service connection have been remanded due to new and relevant evidence received. The Board finds that the Veteran has a back condition, right shoulder condition, left shoulder condition, right wrist condition, left wrist condition, and asthma related to his military service.

The Veteran's claim of a disability rating in excess of 30 percent prior to May 8, 2020, and in excess of 50 percent thereafter for service-connected asthma with sleep apnea is dismissed as the benefits sought have been awarded.

The Veteran's service-connected disabilities necessitate the need for regular aid and attendance of another individual, as they cause her to require assistance with feeding, preparing meals, dressing, grooming, toileting, managing medication, and attending to daily needs.

The Board has remanded the case due to errors in duty to assist and potential TERA exposure, requiring a VA examination and opinion regarding the etiology of the Veteran's respiratory disabilities.

The Veteran's claims for increased evaluations of GERD, migraine headaches, and asthma have been denied. The Board found that the evidence did not meet the criteria for a compensable rating under the applicable diagnostic codes.

The Board has remanded the claim for service connection for a respiratory disorder due to asbestos exposure and/or Agent Orange exposure, as well as secondary service connection. The AOJ is instructed to obtain etiological opinions regarding these issues.

The Board has remanded the Veteran's claims for asthma and degenerative arthritis of the thoracolumbar spine due to a lack of evidence regarding service connection, including potential exposure to toxic agents. The VA will attempt to verify Southwest Asia service and obtain an Individual Longitudinal Exposure Record (ILER).

The Veteran withdrew his appeals for initial compensable ratings for allergic rhinitis, irritable bowel syndrome (IBS), and service connection for asthma.

The Veteran's request for an extension of the period for filing a VA Form 10182 as to the March 2021 decision on service connection issues is dismissed because the appeal has already been pending and docketed at the Board.