Asthma decisions — 2024

The Board denied service connection for allergies, asthma, rhinitis, and sinusitis as there is no evidence of a current disability during or recent to the filing of the claim.

The Veteran's asthma is remanded due to a need for a VA medical examination and opinion regarding in-service exposures, as per the PACT Act of 2022.

The Board has granted service connection for CAD, prostate cancer residuals, erectile dysfunction, hypertension, and special monthly compensation based on loss of use of a creative organ with an effective date of November 17, 2021. The Board also granted service connection for asthma, respiratory condition with an effective date of December 27, 2021.

The Board granted service connection for asthma, presuming it is related to the Veteran's exposure to fine particulate matter while serving in Southwest Asia.

The Board remands the claim for service connection of asthma to obtain a medical examination and opinion regarding its potential relationship with the Veteran's in-service exposure to toxins, including fine particulate matter during his time in Southwest Asia.

The Board dismissed the appeal seeking eligibility for attorney fees based on an April 2024 rating decision because no decision regarding attorney fees had been issued yet.

The Veteran's asthma is granted as service connected due to exposure to burn pits during his active duty in Iraq, and the PACT Act presumption of exposure applies. The effective date for this grant is August 10, 2022.

The Board has found that the Veteran's asthma and chronic epididymitis likely pre-existed service, but there is insufficient evidence to determine if they were aggravated by service. The case is being remanded for further examination and opinion.

The Veteran's claim for service connection for tinnitus has been granted, with an effective date of October 24, 2019. The other issues remain pending.

The Veteran's asthma was granted service connection as it is a chronic disease associated with exposure to fine particulate matter during his service in the Southwest Asia theater of operations, and he has been diagnosed with asthma.

The Board has granted the appellant's request for an effective date of July 3, 2012, for the award of service connection for sleep apnea. The decision affords the appellant the benefit of the doubt and finds that the asthma claim received on July 3, 2012, implicitly included a diagnosis of sleep apnea.

The Veteran's SMC under the housebound criteria was denied as his combined rating for service-connected disabilities dropped below 60% after a reduction in his tinea versicolor rating.

The Veteran was awarded service connection for asthma and a rating of 60 percent effective August 5, 2021. The eligibility for attorney fees based on past-due benefits awarded to the Veteran is granted.

The Veteran's appeals for service connection for sleep apnea, asthma, and an increased rating for hypertension have been dismissed due to the Higher-Level Review still being pending at the time of the May 2022 VA form 10182 Notice of Disagreement.

The Veteran's claim for an earlier effective date for his 30 percent disability rating for exercise induced asthma is denied. The Board found that the assigned effective date of March 26, 2022 is correct and cannot be backdated.

The Board has decided that the Veteran's claim for service connection for obstructive sleep apnea as secondary to his service-connected asthma and PTSD should be remanded due to inadequate opinions in previous VA examinations.

The Veteran's asthma with obstructive sleep apnea is remanded due to inadequate VA examinations and the need for pulmonary function tests (PFTs).

The Board has granted the Veteran's claim for service connection for asthma due to exposure to fine particulate matter during his military service in the Southwest Asia theater of operations.

The Veteran's claims for earlier effective dates are denied as the appropriate effective dates were determined to be later than the dates of receipt of her claims or the date entitlement arose.

The Board has remanded the cases of OSA and asthma due to insufficient compliance with prior remand instructions. The Veteran's service-connected PTSD is alleged to be related to his sleep disturbances, including nightmares treated with a CPAP machine.