Asthma decisions — 2024

The Veteran's death was not caused by or related to service, and the Board denied service connection for the cause of death.,The Appellant is not eligible for VA death pension benefits due to her husband's service with the Philippine Commonwealth Army/USAFFE.

The Veteran's service-connected disabilities, including PTSD, depression, anxiety disorders, asthma, bronchitis, COPD, tinnitus, GERD/IBS, and hearing loss, have rendered him unable to secure or maintain substantially gainful employment for the period on appeal. The Board has granted TDIU based on this finding.

The Veteran's asthma was not more nearly approximated by an FEV-1 of 40 to 55 percent of predicted value; or an FEV-1/FVC of 40 to 55 percent, prior to January 8, 2020. Therefore, a rating in excess of 30 percent is denied.

The Veteran's claims for PTSD, GERD and IBS, reactive airway disease, and chronic fatigue syndrome are remanded due to the need for additional examinations and consideration of new evidence. The PACT Act presumption applies to asthma.

The Veteran's character of discharge for the period from June 12, 2004, to October 2, 2007, constitutes a bar to VA benefits.,Entitlement to service connection for an acquired psychiatric disorder (including major depression and PTSD) is dismissed.

The Board has remanded the Veteran's claims for additional review of his case, including any new VA medical records added to the file since the last decision. The Veteran and his representative have not provided a waiver of initial AOJ consideration.

The Board has determined that the Veteran's claims for service connection are remanded for additional development and clarification of his conditions, exposure basis, and theories of entitlement. The issues include bilateral hand disability, hypertension, cervical degenerative disc disease, lumbar degenerative disease, respiratory disability (asthma), bilateral hearing loss, and left knee disability.

The Veteran's asthma and obstructive sleep apnea have been granted a 100% evaluation, effective from July 25, 2015 to July 22, 2022 for the service-connected asthma, and from July 22, 2022. The TDIU has also been restored.

The Board has granted the Veteran's request to reopen his claim for service connection for asthma, but denied the claim itself due to clear and unmistakable evidence that the preexisting asthma did not worsen during service.

The Board has decided to remand the case due to conflicting information in the May 2016 VA examination report regarding the use of corticosteroids by the Veteran. The decision is pending further review and clarification.

The Veteran's claims for service connection have been reopened due to the submission of new and material evidence.,The Board has determined that additional examinations are needed to assess the severity of her knee disabilities, determine the nature and etiology of her psychiatric disorder, and address any aggravation by her service-connected conditions.

The Veteran's petition to reopen the claim of entitlement to service connection for asthma was denied. The petition to reopen the claim of entitlement to service connection for arrhythmia was granted, and the issues of entitlement to service connection for sleep apnea and testicular condition were remanded.

The Veteran's claims for various conditions, including tension headaches, allergic rhinitis, asthma with histoplasmosis, cervical spine degenerative arthritis, lumbar spine degenerative arthritis, and left knee patellofemoral syndrome were denied. The Veteran was not granted higher ratings or initial compensable ratings for several of her conditions.

The Veteran's asthma is determined to be caused by his exposure to toxic substances during service, specifically Gulf War Syndrome. Service connection for this condition is granted.

The Board has denied the Veteran's petition to reopen her previously denied claim for service connection for a respiratory disability, and has remanded several other claims. The decision is final as it pertains only to the denial of the lung disability claim.

The Board has decided to remand the case due to the need for additional medical opinions regarding service connection for obstructive sleep apnea (OSA). The opinions are needed to determine if OSA is caused or aggravated by asthma, and whether obesity/weight gain is a substantial factor in causing OSA. Additionally, the examiner must consider all lay evidence, including the Veteran's statements.

The Board has denied service connection for hypertension, residuals of a stroke, asthma, and an acquired psychiatric disorder as the evidence does not support that these conditions are related to service.

The Veteran's service-connected disabilities, including asthma, migraines, PTSD, and TBI-related conditions, have rendered him unable to secure or maintain substantially gainful employment for the appeal period from May 14, 2018, to September 7, 2021, and from September 18, 2021, to September 7, 2022. Effective September 7, 2021, he is in receipt of a 100% combined schedular disability rating.

The Board denied the Veteran's claim for service connection for asthma, finding that it is not related to active service or service-connected sinusitis.

Service connection for asthma is granted. The Veteran's claims for service connection for left knee, left shoulder, and left hand disorders are reopened but the Board finds insufficient evidence to grant these claims on their merits.