Asthma decisions — 2024

The appeal for service connection of allergies, right and left ankle disabilities, PTSD, asthma, hypertensive heart disease, and coronary artery disease (CAD) has been dismissed. The effective date for the award of service connection for PTSD remains September 1, 2013.

The Veteran's service-connected disabilities, including his ruptured cecal diverticulum and other conditions, have rendered him unemployable. The Board has granted a total disability rating based on individual unemployability (TDIU).

The Board has decided that the Veteran does not have a current disability for service connection of bilateral hearing loss. The remaining issues on appeal are remanded due to insufficient evidence and need further development.

The Veteran's service-connected disabilities, including PTSD, right upper extremity radiculopathy, migraines, left upper extremity radiculopathy, left shoulder slap tear, degenerative arthritis of cervical spine, left knee disability, TBI, tinnitus, asthma, and erectile dysfunction, rendered him unable to obtain and/or maintain substantially gainful employment. The Board finds that the Veteran's service-connected disabilities preclude him from obtaining and maintaining such employment.

The Board has remanded the Veteran's claims for service connection for COPD, asthma, and chronic kidney disease due to exposure to ionizing radiation. The case is returned for further development including obtaining a dose estimate from the Department of Defense and conducting VA examinations to determine if there is a link between these conditions and service.

The Board granted service connection for asthma with an effective date of August 15, 2013. Service connection was also granted for tinnitus and bilateral hearing loss, but the specific effective dates are not provided as they were not addressed in this decision. The Veteran's unspecified depressive disorder is characterized by occupational and social impairment due to symptoms such as depressed mood, anxiety, irritability, chronic sleep impairment, and difficulty establishing work relationships.

The Veteran's asthma worsened during service due to exposure to tobacco smoke, and the Board finds new evidence relevant for readjudication of his claim.

The Board has remanded the case due to insufficient information regarding the etiology of the Veteran's respiratory condition, specifically whether it is related to service-connected heart disease or exposure to burn pits during military service. The VA must provide an addendum opinion from a clinician addressing these issues.

The Veteran's claims for service connection for degenerative joint disease of the lower lumbar spine, bursitis, asthma, right hip strain, and left hip strain are being remanded due to the need for additional medical examination and opinion.,The Veteran contends that her current conditions began during or shortly after her military service. The Board finds that further development is necessary to determine the nature and etiology of these disabilities.

The Veteran's claim for service connection for COPD with emphysema, asthma, chronic bronchitis, chronic pneumonia, and diabetes mellitus type 2 is granted. The claims for asthma and chronic respiratory disorder are remanded due to additional evidence received after the March 2020 statement of the case.

The Veteran's service connection for Bronchial Condition / URI and asthma is granted due to the PACT Act, which establishes these conditions as presumptive diseases associated with exposure to burn pits and other toxins. The effective date of this presumption is August 10, 2022.

The Board has determined that the Veteran's asthma is caused by medication for his service-connected left shoulder disability, and thus grants service connection on a secondary basis.

The Board denied service connection for asthma, COPD, lumbosacral strain (back injury), sleep apnea, tendonitis of the left ankle, and tendonitis of the right ankle. The claim for flat feet was reopened but not granted.

The Veteran's claims for headaches and allergies/respiratory disability are being remanded due to the need for additional medical opinions and verification of exposure.

The Board has remanded the claims of service connection for a respiratory disability, bilateral foot disabilities, and bilateral knee disabilities due to duty to assist errors. The Veteran's assertions regarding his current conditions are considered.

The Board has denied service connection for diabetes mellitus, type II and asthma but granted service connection for right ear hearing loss. The issue of pseudofolliculitis barbae is remanded.

The Veteran's appeals for service connection for asthma and allergies have been withdrawn. The Board has remanded the issues of an increased rating for PTSD and TDIU.

The Veteran's claim for service connection for sleep apnea was dismissed because the Veteran has since been granted service connection for asthma, which is a condition that can be considered secondary to sleep apnea.

The Veteran's asthma and pseudofolliculitis barbae are granted service connection, with the former being granted on a presumptive basis due to exposure to burn pits during his deployment in Afghanistan.

The Board has decided to remand the Veteran's claims for chronic sinusitis and asthma due to a duty to assist error. The AOJ needs to reconstruct the Veteran's claims file, including obtaining copies of the November 2019 rating decision.