Asthma decisions — 2024

The Veteran's asthma rating was reduced from 60% to 30%, but the Board found this reduction improper and restored the original 60% rating.

The Veteran's asthma and lumbar spine condition were evaluated, with the asthma receiving a non-compensable rating due to favorable pulmonary function test results. The lumbar spine issue was remanded for further examination.

The Board has determined that there are pre-decisional duty-to-assist errors in the claims for a compensable rating for service-connected left wrist ganglion cyst and a disability rating in excess of 30 percent for service-connected asthma. The claims are being remanded to obtain additional evaluations.

The Board has granted the Veteran's claim for direct service connection for asthma, finding that it had its onset during active service and is not related to any in-service exposure. The effective date of this decision is June 29, 2020.

The Board has decided to remand the case due to procedural errors in adjudicating attorney fees based on past-due benefits awarded in September and February 2021 rating decisions. The issues are about the validity of a VA Form 21-22a and entitlement to attorney fees.

The Veteran's service-connected reactive airway disease is currently rated at 0 percent disabling, and the Board has determined that a compensable rating is not warranted based on the evidence of record.

The Board has remanded the claims of service connection for a respiratory disability and OSA as secondary to asthma due to a pre-decisional duty to assist error in failing to obtain an examination and opinion regarding the Veteran's claim for service connection for a respiratory disability. The issues are inextricably intertwined with the respiratory disability claim.

The Veteran's service-connected disabilities rendered him unemployable or unable to secure and follow a substantially gainful occupation as of October 16, 2017. The Board granted an effective date of this date for his TDIU and basic eligibility for DEA benefits.

The Veteran's claim for service connection for asthmatic bronchitis has been granted with an effective date of September 19, 2019. The other claims remain denied.

The Veteran's prostate cancer and diabetes are granted service connection due to presumed exposure to herbicides in the Korean DMZ. Service connection for erectile dysfunction is also granted as secondary to his service-connected prostate cancer. However, asthma cannot be linked to herbicide exposure and thus denied.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea as secondary to her service-connected asthma, finding that there is at least a 50% likelihood that her sleep apnea was caused or aggravated by her asthma.

The Board has remanded the case due to inadequate examination and opinion regarding service connection for a respiratory condition, including COPD. The Veteran was exposed to asbestos during service and presumed to have been exposed to herbicides in Vietnam.

The Veteran's asthma and obstructive sleep apnea are remanded for further examination and opinion regarding their relationship to service, with a focus on toxic exposure risk activity.

The Veteran's asthma has been rated at 60 percent for the entire period on appeal, and he is granted a TDIU.

The Board has dismissed the appeals for service connection for right foot condition, left foot condition, insomnia, asthma, and left ear hearing loss as the Veteran did not timely file a Notice of Disagreement.

The Veteran's lumbosacral strain was rated at 40 percent effective February 28, 2022.,An earlier effective date of June 23, 2021 for the increased rating of 30 percent for asthma is granted.,SMC effective from June 23, 2021 is granted.

The Veteran's claims for service connection for headaches, sinusitis, bronchitis, and asthma have been denied as there is no evidence of a chronic disability related to these conditions during or within one year after service. The VA examiners concluded that the claimed respiratory disorders are not related to service.

The Board denied the Veteran's claim for service connection for a respiratory disability, other than his already service-connected episodic bronchitis. The evidence did not support a finding of a separate respiratory disability.

The Veteran's claim for an earlier effective date for service connection of bronchial asthma is granted, with the effective date set at November 20, 2021.

The Veteran's asthma is related to his in-service toxic exposure, and the Board has granted service connection for this condition.