Asthma decisions — 2024

The Veteran's claims for service connection for asthma and obstructive sleep apnea (OSA) are being remanded due to incomplete records and the need for further medical opinions.

The Board has decided to remand the claim for service connection of sleep apnea as secondary to bronchial asthma due to a duty-to-assist error in providing an inadequate VA medical opinion.

The Veteran's asthma prior to December 2018 is not rated higher than 30 percent.,The Veteran's asthma and sleep apnea from December 2018 are not rated higher than 50 percent.

The Veteran's claims for service connection for a left wrist disability, right hand disability, lumbar spine disability, and residual scar, lumbar spine surgery were dismissed as the Veteran did not timely file a Notice of Disagreement (NOD) or VA Form 10182 within one year from the date of notification letters.,The Veteran's claim for an increased rating for right hand disability was also dismissed because she failed to timely file a VA Form 10182 after the September 2019 decision. ,The Veteran's claims for service connection for left knee disability and right knee disability were dismissed as well, due to her failure to timely file a Notice of Disagreement (NOD) or VA Form 10182 within one year from the date of notification letters.,The Veteran's claim for service connection for asthma was granted in an April 2024 rating decision and is considered fully granted, thus the appeal is dismissed.

The Board denied service connection for asthma, finding that the Veteran's current condition is not related to his military service and did not have its onset during service.

The Board has denied the Veteran's claims for service connection for anxiety, depression, adjustment disorder, asthma, GERD, sinusitis, and allergic rhinitis as there is no probative evidence of current disabilities at any time proximate to or during the appeal period.

The Veteran's asthma has been granted service connection due to presumed exposure to fine particulate matter during his service in the Gulf War. The Veteran's tinnitus was denied as not shown in service or within one year of discharge, and not otherwise etiologically related.,Service connection for sleep apnea is remanded due to a lack of an examination. Service connection for a psychiatric disability (to include PTSD, Anxiety) and erectile dysfunction are also remanded.

The Veteran's claims for service connection for bilateral hearing loss and tinnitus were denied, while his claim for hemorrhoids as secondary to hypertension was granted. The Veteran received a 10 percent increased rating for sinusitis but the request for a higher rating in excess of 50 percent for obstructive sleep apnea with asthma was denied.

The Veteran's asthma and rhinitis are granted service connection due to presumed exposure to fine particulate matter during service in Kuwait. Service connection for sinusitis is denied as there is no current diagnosis of the condition.

The Board has decided that the Veteran's asthma should be remanded for further development, including obtaining a medical opinion on whether his service-connected ischemic heart disease may have aggravated his asthma.

The Veteran's appeal is remanded due to incomplete medical records and inadequate VA examination for asthma. The claim will be reconsidered with the addition of private treatment records and a new VA examination.

Service connection for Major Depressive Disorder and Asthma is granted, with effective dates of July 24, 2017, and March 7, 2019 respectively. Service connection for Tinnitus and Left Ear Hearing Loss is also granted, but the effective date for Tinnitus is set at March 13, 2019.

The Board has denied a compensable rating for bilateral hearing loss and remanded the claims of service connection for Hashimoto thyroiditis, asthma, and acute bronchitis due to procedural errors and the need for additional medical opinions.

The Veteran's appeal for higher ratings for asthma with obstructive sleep apnea and allergic rhinitis was denied. The Board found that the evidence did not meet the criteria for a higher rating in either case.

The Board granted service connection for right breast cancer under the provisions of the PACT Act but denied an initial rating in excess of 30 percent for asthma.

The Veteran's appeal for a higher rating for asthma has been dismissed as he withdrew the appeal prior to the promulgation of a decision.

The Board has remanded the case due to errors in duty to assist, including a need for substitution determination and medical opinions regarding service connection for cause of death. The Veteran's asthma is noted as possibly related to service or pre-existing.

The Veteran's service-connected disabilities met the percentage requirements for a schedular TDIU on August 7, 2020, and he was precluded from securing and following substantially gainful employment as of this date. An effective date of August 7, 2020, is granted for the grant of TDIU.

The Veteran's left arm burn is denied as there is no evidence of an in-service injury or aggravation.,Sarcoidosis and respiratory conditions are remanded for further examination.

The Veteran's asthma is remanded for a VA examination to determine if it was aggravated by service, including exposure to burn pits.