Asthma decisions — 2024

The Board has granted the Veteran's claim for direct service connection for a respiratory disability, finding that his current respiratory disorder is related to his in-service exposure to environmental hazards in Southwest Asia. The appeal was reopened due to new and relevant evidence submitted after the August 2016 rating decision.

The Veteran's asthma has been rated at a 100 percent since November 14, 2019. The Board granted the Veteran a 100 percent rating for his service-connected asthma from January 10, 2018 to November 14, 2019.

The Board has decided to remand the case due to a duty to assist error, and will need further medical opinions regarding whether the Veteran's obstructive sleep apnea began in service or is related to his in-service complaints of wheezing and difficulty breathing at night.

The Veteran's asthma and hypertension are granted as service-connected, with the hypertension secondary to his asthma. His UAD is also granted as service-connected.

The Veteran's IBS and asthma are service-connected, while joint pain is denied. The Board affirms the denial of joint pain due to lack of evidence of such condition.

The Board has determined that new evidence received after the prior final denial warrants readjudication of the claim for service connection for a right knee condition. The Veteran's tinnitus and asthma claims are denied, while her request to reopen her right knee condition claim is granted and remanded.

The Board has found that there have been procedural errors in obtaining the Veteran's private treatment records and in providing adequate VA examinations. As a result, the claims are being remanded for further development.

The Veteran's appeal for an increased rating in excess of 100 percent for asthma with bronchitis has been dismissed as moot because she was granted permanent and total disability status for her service-connected condition.

The Board has received a withdrawal request from the Veteran, and thus the appeal is dismissed for these four conditions.

The Veteran's tinnitus is granted as service-connected. The reduction of the asthma rating from 10% to 0% was improper and has been restored.

The Board has dismissed the appeals for service connection for alcohol dependence, anxiety, COPD, insomnia, depression, and asthmatic bronchitis due to the Veteran's death.

The Veteran's service-connected disabilities, including adjustment disorder, prostate cancer residuals, degenerative joint disease, sinusitis, right foot sprain residuals, left knee strain, tinnitus, allergic rhinitis, and asthma, rendered him unable to secure and follow a substantially gainful occupation. The Board granted the TDIU due to these conditions.

The Veteran's claim for service connection for tinnitus was granted with an effective date of May 10, 2019. The claims for bilateral hearing loss and asthma were granted under the PACT Act with effective dates of August 10, 2022. An initial compensable rating for bilateral hearing loss is denied.

The Veteran's claims for effective dates prior to May 13, 2019 for migraine headaches and August 30, 2019 for asthma have been denied. The Board found that the earliest effective date for service connection was not earlier than the dates of the respective decisions.

The Board has granted service connection for headaches, chronic adjustment disorder with mixed disturbance of emotions and conduct, obstructive sleep apnea, asthma, allergic rhinitis, and sinusitis on a direct basis due to the Veteran's active service.

The Veteran's claim for service connection for sleep apnea has been denied.,The Veteran's claims for service connection for depression, to include social anxiety, have been denied.,The Veteran's claim for service connection for tinnitus has been denied.,The Veteran's claim for service connection for left achilles tendonitis and peripheral neuropathy of the left leg is granted.,The Veteran's claim for service connection for left knee joint osteoarthritis is granted.,The Veteran's claim for service connection for asthma is granted.

The Veteran's claim for specially adapted housing has been granted.,Effective dates have been established for SMC based on housebound criteria, loss of use of a creative organ, service connection for BPPV, asthma, chronic sinusitis, TMJ syndrome with bruxism, and migraine including migraine variants.

The Board has denied a total disability rating based on individual unemployability prior to January 27, 2020 due to the Veteran's service-connected disabilities not precluding him from obtaining or maintaining gainful employment.

The Veteran's diabetes mellitus type II is currently rated at 40% from January 29, 2020. The Board has granted a higher rating of 40%. However, the issues of service connection for asthma and TDIU are being remanded.,Further evaluation is needed to determine if the Veteran's asthma had its onset in service or is otherwise related to his active service.

The Board has decided to remand the case due to a pre-decisional duty to assist error and will provide the Veteran with notice of his right to a hearing before the AOJ.