Asthma decisions — 2024

The Board has remanded the case for a posthumous medical opinion to determine if any of the Veteran's respiratory conditions, including allergic rhinitis and sinusitis, were related to service exposure to Agent Orange.

The Board has remanded the cases for further development due to conflicting opinions regarding the relationship between the Veteran's service-connected exposures and their current conditions.

The Veteran's cause of death was listed as cardiogenic shock, STEMI, and ventricular tachycardia. The Board has determined that the service connection for the cause of death should be remanded due to a lack of military personnel records and inadequate medical opinions regarding causation.

The Veteran's initial compensable rating for asthma prior to October 13, 2020, and a rating in excess of 10 percent for asthma from October 13, 2020, are both denied. The Veteran's service-connected essential tremors are rated as noncompensable.

The Board has decided to remand the case due to a duty-to-assist error, specifically regarding an inadequate VA medical opinion. The Veteran's respiratory conditions are being reviewed again with consideration of his military duties.

The Veteran's asthma was rated at 30 percent since November 4, 2019. The Board found that the evidence did not support a higher rating based on the severity of her condition.

The Board has decided to remand the cases for obtaining the Veteran's complete service personnel records, including documents from the Army Reserve and Wisconsin Army National Guard, and verifying specific dates of her periods of active duty, ACDUTRA, and INACDUTRA in October 1991, July 1992, and August 1992. The Veteran asserts that her disabilities are etiologically related to an August 10, 1992 assessment of poor conditioning.

The Veteran's major depressive disorder, asthma, bilateral pes planus, back pain, sciatic pain of the lower extremities, osteoporosis, ischemic heart disease, deep vein thrombosis of the lower extremities, metabolic disorder (hyperlipidemia), diabetes mellitus, benign prostatic hypertrophy with lower urinary symptoms, gastroesophageal reflux disease (GERD), and erectile dysfunction are all granted as service-connected.

Service connection is granted for bilateral hearing loss and tinnitus.,Service connection is granted for gout. The VA will conduct further examination to determine the etiology of this condition.

The Veteran's asthma has been rated at 100 percent since November 25, 2018. The Board also granted special monthly compensation based on the regular need for aid and attendance of another person.

The Veteran's asthma, left hip arthritis, bilateral knee arthritis, and thoracolumbar spine arthritis have all been granted service connection as they are related to his military duties and exposure during service.

The Board has denied the Veteran's claims for service connection for asthma, rhinosinusitis, sinusitis, and low back disability due to a lack of current diagnoses or evidence linking these conditions to his military service.

The Veteran's bronchial asthma is rated at 10 percent, the lowest possible rating under VA guidelines. The evidence shows that his condition does not meet or approximate the criteria for a higher rating.

The Veteran's claims for service connection for migraine headaches, sleep apnea, and a respiratory disability including asthma, bronchitis, and chronic cough are all granted. The claim for respiratory disabilities is remanded.

The Board has determined that a new VA examination is needed to determine the nature and etiology of the Veteran's sleep apnea, as well as whether it would be less severe but for his service-connected asthma.

The Veteran's claim for service connection for asthma was granted with an effective date of July 9, 2020. The decision found that the claim was filed on July 9, 2020, which is later than when entitlement to service connection arose in 2017.

The Board has determined that the VA medical opinions provided are inadequate and remanded for further clarification regarding the appellant's asthma and OSA claims, including their relationship to asbestos exposure.

The Board has determined that additional evidence was added to the claims file since the last Statement of the Case and remands are required for further development, including VA examinations.

The Board has determined that the VA examination and opinion provided were not in compliance with the July 2023 remand directives. The Veteran's respiratory disability, including diagnosed asthma and/or COPD, is being remanded for additional development to determine if it was incurred in or caused by an in-service injury, illness, or event, including exposure to asbestos and/or exhaust fumes.

The Veteran's asthma is granted service connection under the PACT Act, effective August 10, 2022. The claims for left and right ankle conditions and muscle pain are remanded.