Asthma Board decisions

The Board dismissed the Veteran's claims of service connection for hearing loss, tinnitus, asthma, an acquired psychiatric disorder (PTSD), epilepsy, and a neck disability due to his withdrawal at the July 2023 hearing. The Veteran's asthma was found to have existed prior to service and not aggravated by service.

The Veteran's claims for service connection are granted. The Board finds that the Veteran has objective indications of a qualifying chronic disability manifest by fecal urgency and chronic sinusitis, which qualify under the PACT Act provisions. The Veteran's coronary artery disease, respiratory disability (asthma), and neurological impairment of the left hand are remanded due to potential applicability of 38 C.F.R. § 3.317 as a result of his service in the Southwest Asia theater of operations.

The Veteran's claims for service connection for left and right knee disabilities, as well as a heart condition and respiratory disability (claimed as asthma), are granted. The Board also remanded the issues of service connection for a heart condition and respiratory disability.

The Veteran's brain cancer is granted service connection due to presumed exposure to herbicide agents in Vietnam. The claims for sleep apnea, lung nodules, asthma, and GERD are denied as there is no evidence linking these conditions to his military service or herbicide agent exposure.

The Board has granted service connection for the Veteran's asthma, finding that it was incurred in service and is related to his military service.

The Board has determined that the appeal was erroneously docketed under the Modernized Appeals System (AMA) and is dismissed. The issues will be addressed in a decision under the legacy system at a later date.

The Board has granted service connection for a neck disorder, memory and concentration impairment, and asthma. The neck disorder is presumed to have been incurred in service due to the Veteran's military duties as a diesel engine mechanic. Memory and concentration impairment are secondary to his service-connected nerve damage to his right hand treated with gabapentin. Asthma is presumed based on the Veteran's exposure to burn pits while serving in Vietnam.

The Board has dismissed the claim for a compensable evaluation for scar, fibrosis of the left cheek above the upper lip. The remaining issues have been remanded: right knee disability, prostate disability (including prostatitis (BPH), chronic epididymitis, urinary dysfunction), chronic sinusitis (including allergic rhinitis), and chronic bronchitis (including asthma).

The Veteran's service-connected onychomycosis left toenails and herpes simplex condition are granted a 30% disability rating. Service connection for sleep apnea is granted as secondary to her service-connected disabilities, including asthma and migraines.

The Veteran's asthma, which was service-connected on December 18, 2006, is now rated at 60 percent from that date. The decision also denied the claim for a total disability rating based on individual unemployability due to incarceration.

The Veteran's right knee disability and asthma are granted service connection. The Board has found the evidence persuasive that these conditions are related to his active duty service, but the claims for sleep apnea and cysts and boils (claimed as due to anthrax vaccine) need further development.

The Board has decided to remand the claims for service connection for headaches, a lung condition including asthma, and sleep apnea due to missing VA treatment records and the need for a toxic exposure risk activity (TERA) report. The Veteran's military personnel records indicate he worked as an auto weapons crewman, gunner, and cannoneer with an artillery battery and as a heavy truck driver during his active service.

The Veteran's asthma and COPD are presumed to be due to exposure to fine particulate matter in the Persian Gulf War. Service connection for these conditions is granted from August 5, 2021. The low back disability, left shoulder disability, and right shoulder disability remain pending for resolution.

The Board has remanded several issues related to service connection and rating for various disabilities, including bilateral hearing loss, headaches, PTSD, OSA with asthma, patellar tendinitis, left ankle strain, and tinnitus. The AOJ is instructed to review all relevant evidence and issue a SSOC.

The Board has remanded the case due to insufficient evidence regarding service connection for asthma, specifically related to exposure to burn pits during active duty.

The Veteran's claims for service connection for respiratory condition, gastroesophageal reflux disease (GERD), and migraine headaches are remanded due to the need for a TERA-specific examination under the PACT Act.

The Veteran's service-connected asthma and COPD do not meet the schedular criteria for a TDIU, but there is a reasonable possibility that he may be unemployable due to these disabilities. The case is being remanded for referral of this claim for extraschedular consideration.

The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected asthma.

The Veteran's appeal for a rating in excess of 10 percent for bilateral tinnitus was dismissed as the Veteran withdrew his claim prior to the promulgation of a decision.,The petition to reopen the claim for service connection for asthma and/or COPD is granted, but the petition to reopen the claim for service connection for obstructive sleep apnea is denied. The low back disability claim is also denied.

The Board has determined that additional development is necessary for the claims of service connection for various disorders, including foot fungus, nose disorder, back disorder, asthma, psychiatric disorder, sleep apnea, and hearing loss. The appeals are being remanded to obtain clarification on private treatment records and to schedule VA examinations.