Asthma decisions — 2024

The Board dismissed the Veteran's claims for service connection due to a failure to file a timely Notice of Disagreement within one year of the April 2018 rating decision.

The Veteran's asthma and sinusitis are granted as service connected due to presumed exposure to fine particulate matter during active duty in the Southwest Asia theater of operations.

The Veteran's celiac disease is granted as incurred in service.,The Veteran's asthma, presumed related to exposure to burn pits during service, is also granted.

The Board dismissed the appeals for service connection for asthma, bronchitis, COPD, pneumonia, and skin cancer as untimely due to failure to file a timely Notice of Disagreement within one year of receiving the August 2, 2023 rating decision.

The Veteran's appeals for service connection for allergic rhinitis and asthma have been dismissed due to the Veteran's death.

The Veteran's asthma, allergic rhinitis, and GERD have been granted service connection. The GERD remains rated at 10 percent.

The Veteran's asthma is granted service connection due to presumed exposure during the Persian Gulf War. The Veteran's allergic rhinitis does not meet criteria for a compensable rating.

The Veteran's appeals for service connection and effective dates have been resolved. Service connection has been granted for PTSD, asthma, a skin condition and rashes, OSA, hypertension, hearing loss, tinnitus, right hand disability, left hip disability, right hip disability, Bell's Palsy, and disability resulting in tunnel vision. Effective dates of August 22, 1997 have been assigned.

The Veteran's obstructive sleep apnea is granted as secondary to service-connected PTSD with panic attacks.,The Veteran's right shoulder disability is granted as secondary to service-connected left shoulder AC joint degenerative arthritis.,The Veteran's pulmonary disorder (asthma and pulmonary diffusion defect) is granted as secondary to service-connected PTSD with panic attacks.

The Board has granted service connection for asthma, finding that the Veteran's asthma began during his active military service and resolving reasonable doubt in favor of the Veteran.

The Board has granted service connection for asthma and allergic rhinitis, finding that the conditions are presumptively related to the Veteran's exposure to Gulf War particulate matter during military service.

The Board denied the Veteran's claims for earlier effective dates for service connection of various conditions associated with Parkinson's disease, including motor manifestations and neurological symptoms.

The Veteran's service-connected asthma is manifested by FEV-1 as low as 88 percent predicted and FEV-1/FVC as low as 94. The VA examiner noted the post-bronchodilator results do not support a compensable rating under the diagnostic criteria, as FEV-1 was greater than 80 percent predicted, or FEV-1/FVC was greater than 80 percent. Therefore, the Veteran's claim for an initial, compensable rating for asthma is denied.

The Board has denied the Veteran's claims of service connection for pes planus, right foot and asthma. The claim for service connection for pes planus, left foot is remanded.

The Board has decided to remand the case due to a contradiction in the November 2021 VA examination report regarding the Veteran's diagnosis of asthma. The Veteran is seeking service connection for her mild intermittent asthma, and additional medical guidance is needed to fully ascertain its etiology.

The Board granted an earlier effective date of December 9, 2013, for the award of service connection for voiding dysfunction due to hernia surgery but denied an earlier effective date for sinusitis and remanded the claim for asthma.

The Board granted service connection for asthma, finding that the preexisting condition worsened during active service due to exposure to burn pits in Iraq.

The Board has decided to remand the case due to a pre-decisional duty to assist error and will schedule the Veteran for a VA examination regarding his bronchial asthma.

The Veteran's claim for SMC based on the need for aid and attendance or housebound status due to service-connected disabilities prior to December 2, 2019, and from February 1, 2021, is denied as he did not meet the criteria for such benefits.

The Veteran's service-connected disabilities, including PTSD, asthma with sleep apnea, chronic kidney disease, and various musculoskeletal conditions, render him unable to perform daily activities without regular aid and attendance. The Board has determined that the criteria for SMC based on need for aid and attendance have been met.