Asthma Board decisions

The Board has remanded the Veteran's claims for asthma, headaches, cervical spine disability, and lumbar spine disability due to insufficient evidence regarding their service connection.

The Veteran's asthma was rated at 30% effective March 11, 2014. The Board found that the severity of his condition had been consistent throughout the appeal period and granted an earlier effective date based on the date of the claim.

The Veteran's OSA with asthma is granted a 30% rating, effective July 16, 2024.,An effective date of August 1, 2020 for the increased rating of GERD to 10%. The Veteran's major depressive disorder remains at a noncompensable rating.

The Board has granted the Appellant's eligibility for attorney fees based on past-due benefits awarded in an August 9, 2016 rating decision. The benefits include a 20% disability evaluation for low back strain effective June 17, 2016 and service connection for asthma with evaluations of 0% (effective October 8, 2010) and 30% (effective December 15, 2011).

The Veteran's asthma, left knee arthritis, right knee arthritis, and right knee instability conditions are not rated higher than the current assigned ratings due to lack of supporting evidence for increased evaluations.

The Veteran's right ear hearing loss and tinnitus have been granted service connection. The acquired psychiatric disability, asthma, COPD, and sleep apnea are remanded for further examination and opinion.

The Board has granted service connection for asthma and spastic airway disease, but denied service connection for bilateral hearing loss. The decision also notes that the Veteran's asthma was aggravated by service.

The Board dismissed the Veteran's request for an extension of time to file a Notice of Disagreement regarding their asthma claim, as the appeal is pending final adjudication and has not been withdrawn.

The Veteran's service connection claims for obstructive sleep apnea and a back disorder are granted. The appeal for asthma is dismissed as it was previously pending in the legacy system.

The Veteran's asthma and headaches are remanded for further examination to determine their relationship to service.,The Veteran's acquired psychological disorder (including TBI) is remanded due to the need for additional evidence regarding her in-service exposure and symptoms.,The Veteran's neurocognitive disorder including Huntington's disease is remanded as there was insufficient evidence on its relation to service.,The Veteran's muscle spasms and pain are remanded to determine their relationship to service, with consideration of her pre-existing condition.

The Board denied the Veteran's claim of entitlement to service connection for asbestos exposure, emphysema (also claimed as asthma and shortness of breath) because no new and relevant evidence was received since the July 2020 rating decision.

The appeals for service connection for anxiety, low back disability, bilateral flatfoot, asthma, and sleep apnea have been dismissed due to untimely filing of the VA Form 10182 Notice of Disagreement.

The Veteran's TDIU is granted beginning July 2, 2013 due to his service-connected disabilities.

The Board has remanded the claims of service connection for asthma and a compensable initial disability rating for left foot and right foot pes planus, plantar fasciitis, and hammer toes, 2nd toes due to procedural errors in the VA examination and opinion provided. The appellant's representative sought earlier effective dates for other claims but these are not before the Board.

The Board has granted the Veteran's claim for direct service connection for a respiratory disability, finding that his current respiratory disorder is related to his in-service exposure to environmental hazards in Southwest Asia. The appeal was reopened due to new and relevant evidence submitted after the August 2016 rating decision.

The Veteran's asthma has been rated at a 100 percent since November 14, 2019. The Board granted the Veteran a 100 percent rating for his service-connected asthma from January 10, 2018 to November 14, 2019.

The Board has decided to remand the case due to a duty to assist error, and will need further medical opinions regarding whether the Veteran's obstructive sleep apnea began in service or is related to his in-service complaints of wheezing and difficulty breathing at night.

The Veteran's asthma and hypertension are granted as service-connected, with the hypertension secondary to his asthma. His UAD is also granted as service-connected.

The Veteran's IBS and asthma are service-connected, while joint pain is denied. The Board affirms the denial of joint pain due to lack of evidence of such condition.

The Board has determined that new evidence received after the prior final denial warrants readjudication of the claim for service connection for a right knee condition. The Veteran's tinnitus and asthma claims are denied, while her request to reopen her right knee condition claim is granted and remanded.