Asthma decisions — 2024

The Veteran's claims for service connection for rhinitis and asthma are granted due to presumed exposure to fine particulate matter during his service in the Southwest Asia theater of operations.

The Board has decided that the Veteran's claims for service connection for bladder cysts and asthma should be remanded to allow the AOJ to provide proper notice of his right to a hearing before VA.

The Veteran is seeking an earlier effective date for the grant of a 100 percent evaluation for asthma, which was initially granted in April 2021. The AOJ needs to consider new and material evidence submitted in April 2020 that was received prior to the expiration of the appeal period.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation since June 3, 2019.,TDIU is granted from June 3, 2019. The appeal for TDIU from October 9, 2018 to June 3, 2019 is remanded.

Service connection has been granted for prostate cancer, lung disorder (asthma with lung nodule), chronic kidney disease, and sinonasal polyposis (claimed as residuals of plasma cytoma) due to exposure to herbicides during service.

The Board has decided to remand the case due to a failure to make reasonable efforts to obtain relevant private treatment records, specifically from Kaiser Permanente. The Veteran's asthma claim is being returned for further development and consideration.

The Board has dismissed the appeals for service connection of multiple conditions due to the Veteran's request to withdraw these appeals.

The Veteran's asthma is presumed to be causally related to presumed exposure to fine particulate matter during his service in Southwest Asia during the Persian Gulf War.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation since at least March 2015, and the Board has granted an earlier effective date of August 19, 2020 for this determination.

The Veteran's appeal for service connection for a left hip condition, COPD, and asthma has been dismissed as the AOJ granted these benefits in full. The appeal for an increased disability evaluation for hypertension is remanded.

The Board denied an earlier effective date for the award of service connection for asthma, finding that there was no clear and unmistakable error in the 1994 denial and that the Veteran did not submit new evidence to reopen his claim. The earliest effective date is November 23, 2015.

The Board denied the Veteran's claims for service connection for asthma and total disability based on individual unemployability (TDIU). The decision found that there was no current diagnosis of asthma, and the Veteran did not meet the criteria for TDIU due to his service-connected disabilities.

The Board has decided to remand the case due to a duty-to-assist error and statutory duty, requiring additional medical opinions on the nature and etiology of bronchial asthma and COPD.

The reduction in rating for service-connected asthma (also claimed as bronchitis) from 100 percent to 30 percent effective January 1, 2021 is improper and is void ab initio; therefore, the petition to reverse the reduction is granted.

The Board has granted special monthly compensation based on the need for aid and attendance due to service-connected disabilities, including PTSD, degenerative arthritis of the lumbosacral spine, asthma, bilateral radiculopathy of the sciatic nerve in lower extremities, bilateral radiculopathy of the femoral nerve in lower extremities, hypertension, pseudofolliculitis barbae, and post-operative scars of the lumbosacral spine. The Veteran's service-connected disabilities have rendered him unable to keep himself clean and presentable due to his conditions.

The Veteran's asthma is presumed to be related to his service in Southwest Asia and Afghanistan, but the Board finds that there may not be clear and unmistakable evidence of pre-existence. The case is remanded for further examination and opinion regarding both periods of service and presumptive exposures.

The Board has remanded the Veteran's claims for asthma and obstructive sleep apnea (OSA) due to pre-decisional duty to assist errors. The issues of service connection are being addressed, with a focus on obtaining medical opinions regarding the etiology of the conditions.

The Veteran's asthma is granted service connection under the PACT Act, which now presumes exposure to burn pits and other toxins during Southwest Asia service.

The Board has granted an earlier effective date of October 3, 1992 for the Veteran's service connection for asthma. The decision is based on new evidence received after the May 1993 rating decision that initially denied the claim.

The Veteran's asthma condition is rated at a 60 percent disability rating, which meets the criteria for this level of disability. The Veteran did not meet the criteria for a higher 100 percent rating due to insufficient evidence of more severe symptoms.