Asthma decisions — 2024

The Veteran's claim for an initial 60 percent disability rating for service-connected asthma is granted, effective April 4, 2019. The appeal to establish an earlier effective date for the grant of service connection for asthma is denied.

The Veteran's asthma and right lumbar radiculopathy ratings were reduced, but the reductions were not proper. The 30% rating for asthma and the 20% rating for right lumbar radiculopathy have been reinstated.,The issue of service connection for neck strain with degenerative changes was dismissed as moot.

The Board has determined that the Veteran's obstructive sleep apnea is secondary to his service-connected asthma, as the weight gain and obesity resulting from his asthma have contributed to his current OSA.

The Veteran's initial compensable rating for sinusitis is denied.,The Veteran's rating in excess of 30 percent for asthma prior to February 15, 2022 is denied.

The Veteran's claims for service connection for hyperlipidemia, morbid obesity, asthma bronchial, diabetes mellitus, multiple sclerosis, systemic lupus erythematosus, and major depressive disorder are all denied as there is no evidence of a disease or injury in service that could be linked to these conditions.,The Veteran's claims for service connection for hyperlipidemia and morbid obesity are also denied because these conditions are not recognized as disabilities for VA benefits purposes.

The Board has dismissed the appellant's appeals for various service connection claims due to his withdrawal of all appeals prior to a decision being made.

The Veteran's asthma claim is granted, and the psychiatric disorder claim is remanded for further examination and determination of service connection.

The Board has determined that the Veteran's OSA, diverticulitis, asthma, and CFS are related to his service-connected musculoskeletal disabilities, acquired psychiatric disorder, or obesity. The VA examinations were inadequate in addressing these relationships due to errors in factual premises.

The Board has decided to remand the Veteran's claim for asthma, finding that duty-to-assist errors occurred prior to the July 2020 rating decision. The case is being returned to the AOJ for further development and consideration.

The Board has denied the Veteran's claim for a separate rating for sleep apnea, finding that the February 2015 rating decision incorrectly applied the applicable laws and regulations existing at the time, when it assigned separate disability ratings for sleep apnea and asthma. The reduction in evaluation was proper based on CUE.

The Veteran's lung conditions, including COPD and bronchiectasis, are presumed to be related to his service due to exposure to burn pits in Kuwait and Iraq. Service connection is granted for these conditions under the PACT Act.

The Board has decided to remand the cases for further development and consideration, including obtaining private treatment records from Dr. C.Q. and affording the Veteran a VA examination.

The Veteran's claims for PTSD and any other acquired psychiatric condition are remanded due to the need for additional evidence regarding the validity of his claimed stressor.,PTSD service connection is remanded as there was insufficient verification of a contended in-service stressor. The Veteran has been provided with another VA examination, but no nexus opinion addressing the relationship between current major depressive disorder and service has been obtained.,The Veteran's claims for bilateral foot condition, left shoulder condition, right shoulder condition, low back condition, respiratory condition (Asthma), and right knee condition are remanded due to a lack of adequate VA examinations or nexus opinions.,PTSD service connection is remanded as there was insufficient verification of a contended in-service stressor. The Veteran has been provided with another VA examination, but no nexus opinion addressing the relationship between current major depressive disorder and service has been obtained.,The Veteran's claims for bilateral foot condition, left shoulder condition, right shoulder condition, low back condition, respiratory condition (Asthma), and right knee condition are remanded due to a lack of adequate VA examinations or nexus opinions.,PTSD service connection is remanded as there was insufficient verification of a contended in-service stressor. The Veteran has been provided with another VA examination, but no nexus opinion addressing the relationship between current major depressive disorder and service has been obtained.,The Veteran's claims for respiratory condition (Asthma) are remanded due to discrepancies between STRs regarding asthma history and the 2020 non-VA provider's opinion. The AOJ should obtain an addendum opinion to clarify whether the Veteran's current Asthma is related to service or pre-existed service.,The Veteran's claims for right knee condition are remanded as there was insufficient verification of a contended in-service stressor. The 2020 non-VA provider provided a nexus opinion, but it did not address or reconcile the Veteran's history of chronic daily alcohol use which can have similar symptoms to TBI.,PTSD service connection is remanded due to insufficient verification of a contended in-service stressor and lack of adequate VA examination. The AOJ should obtain an addendum opinion addressing whether the Veteran has a current TBI or residuals related thereto.

The Board has remanded the claim of service connection for respiratory condition, to include COPD and asthma, due to a duty to assist error in not providing an adequate VA medical opinion prior to the rating decision on appeal.

The Veteran's COPD, to include asthma and OSA, is rated at 100 percent effective March 31, 2020. Separate ratings for COPD, OSA, and asthma are denied as per VA regulations. SMC at the housebound rate is granted effective March 31, 2015.

The Board has dismissed the appeals for competency to manage VA benefits and service connection for asthma as there are no justiciable cases or controversies before it.

The Board has remanded the case due to deficiencies in a previous VA opinion, and requests an addendum from an appropriate clinician to address whether OSA is related to service, specifically exposure to burn pits, or if it was aggravated by asthma.

The Board has granted service connection for asthma, secondary to service-connected chronic sinusitis, finding that the evidence is at least evenly balanced as to whether the Veteran's asthma was caused by his service-connected condition.

Service connection for asthma is granted pursuant to the PACT Act. The issue of service connection on a basis other than as pursuant to the PACT Act is remanded.

The Veteran's increased disability rating for exercise induced asthma has been granted and rated at 10 percent since September 1, 2007. The appeal is dismissed as there are no questions of fact or law to be decided by the Board.