Asthma Board decisions

The Veteran's TDIU and DEA benefits were granted with an effective date of May 12, 2014, based on her service-connected disabilities.

The Veteran withdrew his appeals for increased disability ratings in excess of 60 percent for sleep apnea with asthma and in excess of 10 percent for allergic rhinitis.

The Veteran is granted a TDIU effective February 16, 2018, due to her service-connected disabilities preventing her from securing and following substantially gainful employment.

The Veteran's asthma rating was reduced from 30% to 10%, but the Board found this reduction improper and restored the original 30% rating effective June 30, 2021.

The Board found that the Veteran's asthma has shown actual improvement, and thus reduced his rating from 100% to 30%, effective October 6, 2020.

The Board has remanded the claim for service connection for obstructive sleep apnea (OSA), to include as secondary to service-connected asthma, due to insufficient evidence and pre-decisional errors in VA's duty to assist. The Veteran may have participated in a Toxic Exposure Risk Activity (TERA) during service.

The Veteran's claim for service connection for sleep apnea is denied. The Veteran's asthma with COPD is rated at 100 percent effective November 1, 2023. The Veteran's TDIU claim as of November 1, 2023, is dismissed due to the grant of a 100% disability rating for his service-connected conditions.

The Veteran's asthma is currently rated as 60 percent disabling. The Board finds that the reduction in her rating was improper and restores her 60 percent evaluation effective February 1, 2020. However, the Veteran's TDIU claim must be remanded due to a pre-decisional duty to assist error.

The Veteran's service-connected disabilities require him to need regular aid and attendance, as evidenced by his inability to dress or undress himself, keep himself presentable, prepare meals, attend to hygiene needs, and walk without assistance due to asthma and mental health conditions.,SMC based on the need for regular aid and attendance is granted because the Veteran's service-connected disabilities cause him to require such assistance.

The appellant withdrew all pending appeals regarding the ratings and service connection for various conditions, including major depressive disorder with anxious mood, asthma, allergic rhinitis, left ankle sprain, gastroesophageal reflux disease (GERD), right hip osteoarthrosis, right knee osteoarthrosis, hypertension, fatigue, migraine, and sleep apnea.

The Veteran's service-connected asthma, COPD, and sleep apnea prevented her from obtaining or maintaining substantially gainful employment for the period under review.

The Veteran's asthma is granted as service-connected due to in-service exposure. The claim for traumatic brain injury residuals remains pending and will be remanded.

The Veteran's PTSD is rated at 70 percent from April 10, 2019. The rating for his sleep apnea with asthma remains at 50 percent, and the eczema is rated at 30 percent from September 6, 2019.

The Board has remanded the case due to a pre-decisional duty to assist error regarding the evaluation of the Veteran's service-connected asthma and sleep apnea. The Veteran needs VA examinations to determine their current severity.

The Veteran's claim for service connection for headaches was granted. The Board found that the Veteran had a current disability (headaches), an in-service event (service in Southwest Asia), and a nexus between his headache symptoms and his military service, meeting the criteria for presumptive service connection under 38 C.F.R. § 3.309(a). Service connection was also granted for asthma pursuant to the PACT Act due to exposure to burn pits during service in Qatar. The Veteran's claim for an increased rating for somatic symptom disorder was denied as his symptoms did not meet the criteria for a higher disability rating.

The Veteran's appeal regarding his right tarsal tunnel syndrome was dismissed because it came from a proposed rating reduction. The appeals for higher ratings for lumbar muscle strain and asthma were denied, with the TDIU claim being granted.

The Veteran's claim for service connection for head injury residuals is denied.,The Veteran's claim for service connection for low back disability is denied.,The Veteran's claim for service connection for asthma is granted.,The Veteran's claim for service connection for heart condition (abnormal heart with chest pain) is remanded.

The Veteran's claims for service connection for sleep apnea and allergic rhinitis/sinusitis as secondary to bronchial asthma have been dismissed. The claim for a rating in excess of 30 percent for bronchial asthma is remanded.

The Board has remanded the case due to an inadequate medical opinion and a need for further evidence regarding whether the Veteran's asthma was clearly and unmistakably not aggravated during his periods of active duty service.

The Board has granted service connection for the Veteran's Obstructive Sleep Apnea (OSA) as secondary to his service-connected Asthma.