Asthma decisions — 2024

The Veteran's bipolar disorder, asthma, and right wrist osteoarthritis are all granted service connection.,Service connection for the Veteran's acquired psychiatric disorder (bipolar disorder) is established based on evidence showing its onset during active duty. Service connection for asthma is also established as it had its onset during active duty. Right wrist osteoarthritis is causally related to military service.

The Veteran's asthma began during active service and the Board has granted service connection for this condition.

The Board has determined that the Veteran's asthma is presumed to have been present at service entry and was not aggravated by service. Therefore, the claim for service connection for asthma is granted.

The Board has granted a separate compensable disability rating of 30 percent for asthma effective July 31, 2017. The appellant's service-connected conditions include Meniere's syndrome and an enlarged prostate.

The Board has remanded the case for further development, including obtaining a new medical opinion regarding the etiology of the Veteran's respiratory disorders and considering his chemical exposures during service.

The Veteran's claim for an increased rating in excess of a 30 percent for his service-connected bronchial asthma is being remanded due to incomplete VA examination and missing PFT results.

The Veteran's TDIU and DEA benefits were granted with an effective date of May 12, 2014, based on her service-connected disabilities.

The Veteran withdrew his appeals for increased disability ratings in excess of 60 percent for sleep apnea with asthma and in excess of 10 percent for allergic rhinitis.

The Veteran is granted a TDIU effective February 16, 2018, due to her service-connected disabilities preventing her from securing and following substantially gainful employment.

The Veteran's asthma rating was reduced from 30% to 10%, but the Board found this reduction improper and restored the original 30% rating effective June 30, 2021.

The Board found that the Veteran's asthma has shown actual improvement, and thus reduced his rating from 100% to 30%, effective October 6, 2020.

The Board has remanded the claim for service connection for obstructive sleep apnea (OSA), to include as secondary to service-connected asthma, due to insufficient evidence and pre-decisional errors in VA's duty to assist. The Veteran may have participated in a Toxic Exposure Risk Activity (TERA) during service.

The Veteran's claim for service connection for sleep apnea is denied. The Veteran's asthma with COPD is rated at 100 percent effective November 1, 2023. The Veteran's TDIU claim as of November 1, 2023, is dismissed due to the grant of a 100% disability rating for his service-connected conditions.

The Veteran's asthma is currently rated as 60 percent disabling. The Board finds that the reduction in her rating was improper and restores her 60 percent evaluation effective February 1, 2020. However, the Veteran's TDIU claim must be remanded due to a pre-decisional duty to assist error.

The Veteran's service-connected disabilities require him to need regular aid and attendance, as evidenced by his inability to dress or undress himself, keep himself presentable, prepare meals, attend to hygiene needs, and walk without assistance due to asthma and mental health conditions.,SMC based on the need for regular aid and attendance is granted because the Veteran's service-connected disabilities cause him to require such assistance.

The appellant withdrew all pending appeals regarding the ratings and service connection for various conditions, including major depressive disorder with anxious mood, asthma, allergic rhinitis, left ankle sprain, gastroesophageal reflux disease (GERD), right hip osteoarthrosis, right knee osteoarthrosis, hypertension, fatigue, migraine, and sleep apnea.

The Veteran's service-connected asthma, COPD, and sleep apnea prevented her from obtaining or maintaining substantially gainful employment for the period under review.

The Veteran's asthma is granted as service-connected due to in-service exposure. The claim for traumatic brain injury residuals remains pending and will be remanded.

The Veteran's PTSD is rated at 70 percent from April 10, 2019. The rating for his sleep apnea with asthma remains at 50 percent, and the eczema is rated at 30 percent from September 6, 2019.

The Board has remanded the case due to a pre-decisional duty to assist error regarding the evaluation of the Veteran's service-connected asthma and sleep apnea. The Veteran needs VA examinations to determine their current severity.