Asthma decisions — 2024

The Board has granted service connection for sleep apnea, rhinitis (sinus condition), and asthma, all presumed to be related to the Veteran's exposure to fine particulate matter during his service in the Southwest Asia theater of operations.

The Veteran's motion for revision of the November 20, 2000, Rating Decision which denied service connection for asthma is denied as there was no clear and unmistakable error in that decision.

The Veteran withdrew his appeal regarding service connection for a respiratory disability, other than already service-connected asthma.

The Board has granted service connection for sinus disorder, bronchitis, and asthma. Service connection is also granted for right knee and left knee disorders.

The Veteran's asthma and constrictive bronchiolitis claims are being remanded due to a lack of a Gulf War examination. The Veteran must be scheduled for a new examination to determine the nature and etiology of his conditions.

The Veteran's asthma required at least monthly visits to a physician for required care of exacerbations and intermittent (at least three per year) courses of systemic (oral or parenteral) corticosteroids from November 3, 2015. The Board granted an increased rating of 60 percent for the Veteran's service-connected asthma.

The Veteran's service-connected disabilities prior to March 6, 2020, did not meet the schedular requirements for a TDIU. However, VA policy requires that all Veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities be rated totally disabled. The Board finds remand necessary to refer the claim to the Director of Compensation Service for extraschedular consideration.

The Veteran's asthma has been granted a disability rating of 60 percent, but no greater. The other issues have not met the criteria for increased ratings.

The Veteran's current asthma is related to service and the Board has granted service connection for it.

The Veteran's asthma and left hip disabilities have been restored to their previous ratings. The claims for service connection of anemia and a neck condition are being remanded due to procedural errors.

The Veteran's service connection claims for arthritis of the lumbar spine, left knee strain, and diabetes mellitus are granted. The claim for fibromyalgia is denied. The Veteran's left knee strain rating is maintained at 10 percent.

The Veteran's claims for hypertension, hypothyroidism, allergic rhinitis, COPD with asthma and pulmonary hypertension, tinnitus, and obesity have been granted effective dates based on the PACT Act. Effective dates are set according to the date of diagnosis or receipt of claim.

The Veteran's OSA with cough variant asthma is currently rated at 50 percent. The Board has determined that a VA examination is necessary to determine the severity and extent of his service-connected disability.

The Board has remanded several claims for increased ratings and service connection due to duty-to-assist errors, including obtaining private treatment records and VA examinations.

The Board has determined that the Veteran's obstructive sleep apnea (OSA) is proximately due to or aggravated by his service-connected asthma, and thus grants service connection for OSA as secondary to asthma.

The Board has remanded the case due to inadequate medical opinion regarding the Veteran's respiratory condition, specifically asthma, COPD, and allergic rhinitis. The VA examiner failed to consider all potential exposure risk activities, including those related to herbicide agents and burning of human waste, food, diesel fuel, and other materials.

The Board has determined that the VA examinations and opinions provided are inadequate to decide the service connection claims for respiratory disability (asthma) and chronic rhinitis (sinusitis). The Veteran's exposure to burn pits and herbicide agents in Vietnam is presumed, but there is insufficient evidence to determine if these exposures caused or contributed to his current conditions. Therefore, the Board has remanded the cases for further development.

The Veteran's GERD is currently rated at 30 percent, and the Board denied a higher rating as her symptoms do not meet the criteria for a 60 percent evaluation.,The Veteran was granted a TDIU based on all service-connected disabilities from October 21, 2022. The claim for a TDIU prior to this date is moot.

The Veteran's claim for service connection of chronic bronchitis as secondary to his service-connected chronic sinusitis has been granted, and the effective date for this award is set at June 27, 2022.

The Veteran's GERD and asthma have been granted service connection, with the GERD receiving a non-compensable rating.