Asthma decisions — 2024

The Board has granted service connection for skin disability, respiratory disability, diverticulitis, digestive system disability, pancreatic-intestinal system disability, and neurological disability. The decision is based on the Veteran's credible lay accounts and a supportive medical opinion.

The Veteran's claims for service connection for respiratory disability and tremor disability are remanded due to pre-decisional duty-to-assist errors. The VA examiner did not adequately address the theories of entitlement raised by the Veteran, including those related to PTSD.

The Veteran withdrew all issues on appeal, including those for bilateral flat feet, left shoulder impingement, right shoulder impingement, right knee strain (also claimed as lower leg condition), left Achilles tendinitis (also claimed as ankle condition), abnormal kidney function, benign neoplasm of skin right lower eyelid, bilateral presbyopia/hypermetropia with right eye retina lattice degeneration and round hole, chronic asthma condition, chronic fatigue syndrome, hyperlipidemia, left knee strain (also claimed as lower leg condition), and ventral hernia.

The Board has granted service connection for OSA as it is proximately caused by the Veteran's service-connected asthma.

The Board has decided to remand the Veteran's claims for service connection for asthma, gout, right and left ear hearing loss, and tinnitus due to inadequate medical opinions in the VA examinations. The Veteran will need additional evaluations to determine if his conditions are related to his military service.

The Board has denied service connection for emphysema, interstitial lung disease, asthma, and hypertension due to a lack of current diagnoses at the time of appeal. The Veteran's claims are remanded for further development regarding his asthma and hypertension.

The Board has remanded the claim for service connection for sinusitis due to new evidence received since the March 2018 rating decision. The Veteran's hearing testimony indicates a plausible nexus to service, and he should be afforded a VA examination.

The Veteran's asthma and emphysema are being remanded for further examination to determine their etiology, as the current VA opinions are inadequate. The issue of secondary service connection for obstructive sleep apnea is also being remanded.

The Veteran has withdrawn her appeal for an increased rating in excess of 30 percent for asthma, and the Board has dismissed the case.

The Veteran's claims for service connection for asthma and COPD are granted, but the cases are remanded to obtain addendum opinions regarding the etiology of these conditions.

The Veteran's claim for service connection for a respiratory/lung disability is remanded due to the need for a VA examination and medical opinion to clarify his current diagnoses and assess their relation to active duty service, including environmental exposures in Iraq.

The Board has remanded the claim for service connection for respiratory conditions, including asthma and COPD, due to insufficient evidence regarding exposure to asbestos and herbicides. The Veteran's claims are pending further development.

The Veteran's service-connected disabilities, including PTSD, left gastrocnemius scar, and bronchial asthma, rendered him unable to maintain employment prior to May 22, 2014. The Board grants an effective date of March 19, 2013, for the award of a TDIU.

The Veteran has withdrawn his appeal regarding the evaluation for asthma, and as a result, the Board dismisses the case.

The Board has granted service connection for asthma, emphysema, and kidney disease related to asbestos exposure. Service connection is remanded for COPD.

The Veteran's service-connected disabilities, including back, lower extremities, shoulder, ankle, wrist, and knee conditions, have caused him to be in need of regular aid and attendance. The Board has granted SMC based on the need for aid and attendance.

The Veteran's claim for a TDIU prior to September 12, 2017 is being remanded due to the need for referral to the Director of Compensation Service under 38 C.F.R. § 4.16(b) based on evidence indicating she has been unable to secure or follow substantially gainful employment since at least April 24, 2013.

The Veteran's representative requested to withdraw the claims of asthma and a skin condition, leading to their dismissal.

The Veteran's PTSD is rated at 70 percent from March 11, 2021. He also received a TDIU rating effective from the date of his claim.

The Veteran's asthma and bilateral macular degeneration claims are remanded due to insufficient development of the evidence. The Board finds that there is not substantial compliance with previous remand directives.