Asthma Board decisions

The Board has remanded the claims of service connection for obstructive sleep apnea and asthma due to insufficient medical opinions. The claim for bilateral hearing loss is denied as the Veteran does not have a current diagnosis of bilateral hearing loss.

The Veteran withdrew her appeals for higher ratings and earlier effective dates for avascular necrosis of the hips, migraine headaches, bronchitis, asthma, right hip scar, TDIU, and DEA benefits prior to May 29, 2020.

The Board dismissed the appeal because the September 2020 rating decision did not contain an adverse decision regarding the proposed reductions of the ratings for asthma and lumbosacral strain or a decision on entitlement to an increased rating for hypothyroidism.

The Veteran's claim for service connection for asthma is remanded due to the need for additional development and medical examination.

An effective date of June 16, 2020, but no earlier, for the award of a 60 percent disability rating for gastroesophageal reflux disease (GERD) is granted.,An effective date of June 16, 2020, but no earlier, for the award of a 100 percent disability rating for asthma with obstructive sleep apnea and restrictive lung disease is granted.

The Board dismissed the appeal for an increased rating in excess of 50 percent for sleep apnea due to untimeliness. The Veteran's appeals for service connection for bilateral hearing loss, asthma, sinusitis, gastroesophageal reflux disease (GERD), hypertension, headaches, bilateral plantar fasciitis, sciatica, right knee disability, left knee disability, and an acquired psychiatric disability were denied.

The Board has remanded the Veteran's claim for service connection for a respiratory condition, including asthma, sinusitis, and rhinitis. The appeal is due to new evidence submitted by the Veteran that reopened his previously denied claim.

The Board has determined that the Veteran's obstructive sleep apnea is secondary to his service-connected allergic rhinitis with asthma, and thus grants service connection for OSA.

The Board denied service connection for various conditions, including bilateral plantar fasciitis, GERD, adjustment disorder, hypertension, insomnia, left and right lower extremity radiculopathy, allergic rhinitis, sinusitis, chronic asthma, and headaches. The Veteran's claims were not supported by competent medical evidence or continuity of symptomatology.

The Board has denied a rating in excess of 50 percent for sleep apnea and asthma, but has remanded the claims for service connection for left foot strain with tendonitis and left ankle fracture.

The Veteran's asthma disability rating was reduced from 60% to 50%, but the Board found this reduction improper due to inadequate VA examinations.

The Veteran's claim for an earlier effective date for service-connected asthma was denied because she did not properly opt-in her concurrent Legacy appeal to the AMA system, and thus cannot utilize the October 2012 application date from the concurrent stream.

The Veteran's asthma was initially rated at 10 percent prior to July 31, 2024 and is now granted a 30 percent rating effective from that date. The evidence shows the need for daily inhalational bronchodilator therapy but not requiring higher ratings.

The Veteran's claims for service connection for respiratory and gastrointestinal conditions are being remanded due to duty-to-assist errors. A new VA examination is needed to clarify the nature of his symptoms and their relationship to service.

The Veteran's claims for service connection for rhinitis and asthma are granted due to presumed exposure to fine particulate matter during his service in the Southwest Asia theater of operations.

The Board has decided that the Veteran's claims for service connection for bladder cysts and asthma should be remanded to allow the AOJ to provide proper notice of his right to a hearing before VA.

The Veteran is seeking an earlier effective date for the grant of a 100 percent evaluation for asthma, which was initially granted in April 2021. The AOJ needs to consider new and material evidence submitted in April 2020 that was received prior to the expiration of the appeal period.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation since June 3, 2019.,TDIU is granted from June 3, 2019. The appeal for TDIU from October 9, 2018 to June 3, 2019 is remanded.

Service connection has been granted for prostate cancer, lung disorder (asthma with lung nodule), chronic kidney disease, and sinonasal polyposis (claimed as residuals of plasma cytoma) due to exposure to herbicides during service.

The Board has decided to remand the case due to a failure to make reasonable efforts to obtain relevant private treatment records, specifically from Kaiser Permanente. The Veteran's asthma claim is being returned for further development and consideration.