Asthma Board decisions

The Veteran's right ear hearing distortion is currently rated as Level I, which does not meet the criteria for a compensable evaluation.,Tinnitus has been assigned a maximum rating of 10 percent under Diagnostic Code 6260.

The Board dismissed the appeal as it was a proposed reduction in disability rating, not an actual final decision. The Veteran's disability rating for asthma with sarcoidosis remains at 60%.

The Veteran's service-connected major depressive disorder with anxious distress and traumatic brain injury has rendered him unable to secure or follow substantially gainful employment since January 2022, qualifying for a TDIU. Additionally, the Veteran is in receipt of SMC at the housebound rate due to additional service-connected disabilities. The claim for bilateral pes planus remains pending as it involves duty to assist errors.

The Board has decided to remand the claim of service connection for sleep apnea due to conflicting evidence and a need for further medical opinion regarding causation and aggravation.

Service connection for asthma is granted based on presumed exposure to fine, particulate matter. Service connection for emphysema is granted pursuant to the PACT Act.,Service connection for a back disability and neck disability are remanded.

The Veteran's claims for service connection have been remanded due to new and relevant evidence received. The Board finds that the Veteran has a back condition, right shoulder condition, left shoulder condition, right wrist condition, left wrist condition, and asthma related to his military service.

The Veteran's claim of a disability rating in excess of 30 percent prior to May 8, 2020, and in excess of 50 percent thereafter for service-connected asthma with sleep apnea is dismissed as the benefits sought have been awarded.

The Veteran's service-connected disabilities necessitate the need for regular aid and attendance of another individual, as they cause her to require assistance with feeding, preparing meals, dressing, grooming, toileting, managing medication, and attending to daily needs.

The Board has remanded the case due to errors in duty to assist and potential TERA exposure, requiring a VA examination and opinion regarding the etiology of the Veteran's respiratory disabilities.

The Veteran's claims for increased evaluations of GERD, migraine headaches, and asthma have been denied. The Board found that the evidence did not meet the criteria for a compensable rating under the applicable diagnostic codes.

The Board has remanded the claim for service connection for a respiratory disorder due to asbestos exposure and/or Agent Orange exposure, as well as secondary service connection. The AOJ is instructed to obtain etiological opinions regarding these issues.

The Board has remanded the Veteran's claims for asthma and degenerative arthritis of the thoracolumbar spine due to a lack of evidence regarding service connection, including potential exposure to toxic agents. The VA will attempt to verify Southwest Asia service and obtain an Individual Longitudinal Exposure Record (ILER).

The Veteran withdrew his appeals for initial compensable ratings for allergic rhinitis, irritable bowel syndrome (IBS), and service connection for asthma.

The Veteran's request for an extension of the period for filing a VA Form 10182 as to the March 2021 decision on service connection issues is dismissed because the appeal has already been pending and docketed at the Board.

The Board dismissed the Veteran's claims for service connection due to a failure to file a timely Notice of Disagreement within one year of the April 2018 rating decision.

The Veteran's asthma and sinusitis are granted as service connected due to presumed exposure to fine particulate matter during active duty in the Southwest Asia theater of operations.

The Veteran's celiac disease is granted as incurred in service.,The Veteran's asthma, presumed related to exposure to burn pits during service, is also granted.

The Board dismissed the appeals for service connection for asthma, bronchitis, COPD, pneumonia, and skin cancer as untimely due to failure to file a timely Notice of Disagreement within one year of receiving the August 2, 2023 rating decision.

The Veteran's appeals for service connection for allergic rhinitis and asthma have been dismissed due to the Veteran's death.

The Veteran's asthma, allergic rhinitis, and GERD have been granted service connection. The GERD remains rated at 10 percent.