Asthma decisions — 2024

The Veteran's claims for sleep disturbances, asthma, and a sinus disability are remanded due to potential service connection under the PACT Act. The Board will request TERA-specific medical opinions and assess whether the disabilities are related to active duty service.

The Veteran's claim for an earlier effective date for service connection for asthma and COPD was denied as there is no evidence of a prior informal or formal claim filed before the liberalizing regulation took effect, and retroactive benefits are only available if the Veteran met all eligibility criteria on the effective date of the law change.

The Board has granted earlier effective dates of August 8, 2019 for service connection and increased rating for the Veteran's lumbosacral strain, right knee strain with meniscal and anterior cruciate ligament tears, and OSA with asthma. The appeal for a higher evaluation for OSA with asthma was denied.

The Veteran's service connection claims for an acquired psychiatric disability and respiratory disabilities are denied. The respiratory claim is remanded for further development.

The Veteran's appeal for increased ratings and service connection for various conditions, including OSA with asthma, chronic fatigue, chronic pain, TBI, and a back condition, was denied. The case is remanded to obtain the Veteran's complete service treatment records.

The Veteran's asthma and dyspnea on exertion with noncalcified lung nodules are currently rated at 30 percent, but the Board found that these conditions do not meet or approximate the criteria for a higher rating under Diagnostic Code 6602.

The Board has determined that the Veteran's service-connected disabilities rendered him in need of regular aid and attendance on February 20, 2020. However, due to insufficient evidence regarding whether his asthma and hypertension were caused or aggravated by his service-connected knee disabilities, the claims are remanded for further examination and opinion.

The Veteran's claims for service connection have been remanded due to insufficient evidence and need further evaluation. The initial ratings for bronchial asthma with bronchitis, erectile dysfunction (ED), coronary artery disease (CAD), hypertension, left carotid artery blockage status post endarterectomy, cerebral vascular accident (CVA), double bypass heart surgery with lower heart valve replacement, painful sternotomy scar secondary to heart surgery, hyperlipidemia, type two diabetes mellitus (DM-II), chronic sinusitis, recurrent colonic polyps, left middle finger condition, and left ring finger condition are also remanded.

All claims for service connection related to sleep apnea, skin disability (undiagnosed illness), chronic sinusitis, allergic rhinitis, hypercholesterolemia, headache disability, asthma, chronic fatigue syndrome, hypertension/high blood pressure, and type II diabetes mellitus have been dismissed.,The Veteran's appeal was dismissed due to the failure to file a subsequent Notice of Disagreement after filing for Higher-Level Review.

The Veteran's asthma is rated at 60 percent effective June 18, 2018.

The Veteran's appeal for a rating in excess of 50 percent for obstructive sleep apnea (OSA) with bronchial asthma, as well as separate compensable ratings for OSA and bronchial asthma, has been denied. The medical evidence does not support the need for higher ratings based on current disability levels.

The Board denied the Veteran's claim for an effective date prior to February 25, 2019, for a 100 percent disability rating for asthma as there was no evidence showing that the Veteran's asthma warranted such a rating prior to that date.

The Veteran's asthma with chronic bronchitis and obstructive sleep apnea is rated at 60 percent, which is the maximum rating available under Diagnostic Code 6602. The Veteran does not meet the criteria for a higher rating as his FEV-1/FVC ratio is within normal limits and he does not require daily use of systemic corticosteroids or immuno-suppressive medications.

The Board remands the issues of service connection for sleep apnea, a headache disability (migraines), an increased evaluation for asthma with COPD, and entitlement to TDIU due to the need for new medical nexus opinions.

The Veteran's asthma is granted as service connected due to exposure to fine particulate matter during his service in the Gulf War.

The Board has determined that further development is necessary to substantiate the Veteran's active-duty service period in April and May 1993, as noted in the Veteran's DPRIS data. The VA failed to conduct a search for records verifying this deployment.

The Veteran's pre-existing asthma worsened during her military service, and the Board has granted service connection for chronic asthma.

The Board has denied service connection for asthma and remanded the claims of service connection for a stomach disability, to include GERD and gastritis, and left knee patellofemoral syndrome.

The Board denied service connection for asthma and compensation under 38 U.S.C. § 1151, finding that the Veteran's current asthma is not causally related to his military service.

The Board has granted service connection for a neck condition and asthma, finding that both conditions are related to the Veteran's military service.