Asthma decisions — 2024

The Board has decided to remand the claims for asthma and shortness of breath due to a lack of adequate examination findings. The Veteran is presumed exposed to fine particulate matter during his service in Afghanistan, but further testing is needed to confirm any diagnoses.

The Board has denied service connection for COPD, insomnia, migraine headaches, asthma, right elbow bursitis, and a ventral hernia as there is no evidence of current disabilities during or shortly after the Veteran's separation from service.

The Board has remanded the case due to a failure to obtain an opinion regarding how the appellant's service-connected disabilities, in combination with one another, impact his ability to secure or follow a substantially gainful occupation. The claim will be reconsidered after obtaining this additional information.

The Veteran's asthma is currently rated at 60 percent, and the Board has denied a higher rating. The claim for TDIU due to service-connected disability was not addressed in this decision.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for additional VA examinations.

The Board has found new and relevant evidence to warrant readjudication of the claim for service connection for Obstructive Sleep Apnea. The issue of an increased rating for Asthma is also remanded due to a duty-to-assist error.

The Board has remanded the claims of service connection for obstructive sleep apnea and asthma due to insufficient medical opinions. The claim for bilateral hearing loss is denied as the Veteran does not have a current diagnosis of bilateral hearing loss.

The Veteran withdrew her appeals for higher ratings and earlier effective dates for avascular necrosis of the hips, migraine headaches, bronchitis, asthma, right hip scar, TDIU, and DEA benefits prior to May 29, 2020.

The Board dismissed the appeal because the September 2020 rating decision did not contain an adverse decision regarding the proposed reductions of the ratings for asthma and lumbosacral strain or a decision on entitlement to an increased rating for hypothyroidism.

The Veteran's claim for service connection for asthma is remanded due to the need for additional development and medical examination.

An effective date of June 16, 2020, but no earlier, for the award of a 60 percent disability rating for gastroesophageal reflux disease (GERD) is granted.,An effective date of June 16, 2020, but no earlier, for the award of a 100 percent disability rating for asthma with obstructive sleep apnea and restrictive lung disease is granted.

The Board dismissed the appeal for an increased rating in excess of 50 percent for sleep apnea due to untimeliness. The Veteran's appeals for service connection for bilateral hearing loss, asthma, sinusitis, gastroesophageal reflux disease (GERD), hypertension, headaches, bilateral plantar fasciitis, sciatica, right knee disability, left knee disability, and an acquired psychiatric disability were denied.

The Board has remanded the Veteran's claim for service connection for a respiratory condition, including asthma, sinusitis, and rhinitis. The appeal is due to new evidence submitted by the Veteran that reopened his previously denied claim.

The Board has determined that the Veteran's obstructive sleep apnea is secondary to his service-connected allergic rhinitis with asthma, and thus grants service connection for OSA.

The Board denied service connection for various conditions, including bilateral plantar fasciitis, GERD, adjustment disorder, hypertension, insomnia, left and right lower extremity radiculopathy, allergic rhinitis, sinusitis, chronic asthma, and headaches. The Veteran's claims were not supported by competent medical evidence or continuity of symptomatology.

The Board has denied a rating in excess of 50 percent for sleep apnea and asthma, but has remanded the claims for service connection for left foot strain with tendonitis and left ankle fracture.

The Veteran's asthma disability rating was reduced from 60% to 50%, but the Board found this reduction improper due to inadequate VA examinations.

The Veteran's claim for an earlier effective date for service-connected asthma was denied because she did not properly opt-in her concurrent Legacy appeal to the AMA system, and thus cannot utilize the October 2012 application date from the concurrent stream.

The Veteran's asthma was initially rated at 10 percent prior to July 31, 2024 and is now granted a 30 percent rating effective from that date. The evidence shows the need for daily inhalational bronchodilator therapy but not requiring higher ratings.

The Veteran's claims for service connection for respiratory and gastrointestinal conditions are being remanded due to duty-to-assist errors. A new VA examination is needed to clarify the nature of his symptoms and their relationship to service.