Asthma Board decisions

The Board has remanded several issues related to the Veteran's service-connected right hip strain, GERD/acid reflux disease, asthma, and acquired psychiatric condition due to changes in symptoms since previous examinations. The TDIU claim is also remanded as it is inextricably intertwined with these increased rating claims.

The Veteran's claims of service connection for right knee disability, left knee disability, and asthma have been granted due to the submission of new and relevant evidence. The cases are remanded for further review.

The Veteran's claim for right ear hearing loss has been dismissed as the Regional Office granted it.,Left ear hearing loss is denied due to lack of current disability.

The Veteran's chronic diarrhea, chronic gastritis, and diverticulosis are granted as due to in-service exposures in Southwest Asia. Asthma is granted effective August 10, 2022, based on the PACT Act presumption of service connection for asthma.,For the period prior to August 10, 2022, asthma was remanded.

The Board has found that new and relevant evidence has been received to readjudicate the claim of service connection for diabetes. The Veteran's testimony during his August 2022 hearing is both new and relevant to the question of service connection for diabetes.

The Veteran's claims for service connection for bronchial thickening and bilateral peribranchial thickening of the lungs, as well as asthma, are being remanded due to a lack of an opinion regarding whether his respiratory disability pre-existed his federal active service.

The Veteran's claims for service connection related to various conditions have been reopened, with the effective date of the award being May 17, 2016. The rating for migraine headaches has been increased to 30 percent prior to April 25, 2018, and denied thereafter.

The Veteran's PTSD, right shoulder injury, tender scars, asthma, and sleep apnea disabilities were denied increased ratings. The Veteran was not working due to his service-connected conditions but returned to work.

The Veteran's carpal tunnel syndrome, asthma, migraine headaches, chronic sinusitis, and gastroesophageal reflux disease (GERD) have been granted service connection. However, the initial ratings for asthma, migraine headaches, chronic sinusitis, and GERD are being remanded due to lack of recent VA examinations.

The Veteran's service-connected disabilities, including asthma with chronic bronchitis and obstructive sleep apnea, have rendered him unable to secure or follow a substantially gainful occupation since January 13, 2022.

The Veteran's irritable bowel syndrome is currently rated at 10 percent, and the Board finds that a higher rating is not warranted.,The Veteran's asthma is currently rated at 30 percent, and the Board finds that a higher rating is not warranted.

The Board has remanded the case due to incomplete records and inadequate opinions. The Veteran's respiratory disabilities, including asthma, bronchitis, and COPD, are being reviewed for service connection. Additionally, a determination is needed on whether these conditions clearly and unmistakably preexisted service.

The Board has remanded the claim for further medical evaluation and opinion to determine if any current respiratory conditions are related to service, including exposure to asbestos or smoking.

The Veteran's claim for service connection for sleep apnea, claimed as secondary to his service-connected asthma, is being remanded.,The Veteran's appeal regarding a rating in excess of 10 percent for chronic maxillary sinusitis remains pending and will be addressed after the requested examination.,The Veteran's claim for a compensable rating for onychomycosis of bilateral feet is also pending and will be addressed after the requested examination.

The Veteran's service-connected disabilities have not prevented him from securing and following substantially gainful employment.

The Board has remanded the Veteran's claims for service connection due to incomplete records and need for further examination. The issues of right foot, left foot, lumbar spine, arthritis (including rheumatoid arthritis), respiratory disability (including asthma, fainting spells, and chronic cough), pulmonary embolism, and lupus are all being remanded.

The Veteran's vertigo is granted as service-connected. An initial compensable rating for the abdominal scar is denied, but a separate 10 percent rating for painful scar as of February 8, 2022, is granted. Service connection for dyspnea (claimed as asthma), right shoulder condition, bilateral pes planus, left knee condition, and right ankle condition are all remanded.

The Veteran's asthma has been granted a 60 percent rating prior to April 5, 2013. From April 5, 2013, to May 10, 2022, the Veteran's OSA with asthma is rated at 50 percent. Effective from May 10, 2022, a single rating for both conditions has been assigned.

The Veteran's claim for service connection for a psychiatric disorder, to include PTSD, has been reopened. The evidence submitted is new and material as it relates to the unestablished facts necessary to substantiate the claim.,The Veteran's claim of asthma was not reopened because no new and material evidence was received.,The Veteran's claim for service connection for a right foot disorder has been reopened. Evidence from private doctors suggests that the condition may have started during service, but VA treatment records do not support this.,The Veteran's claims for service connection for a right knee disorder and right hip disorder are remanded due to insufficient evidence.,The Veteran's claim for service connection for a right hip disorder is also remanded.

GERD has been dismissed as the RO granted a new claim for GERD in June 2023, which was not part of the original appeal.,Service connection for scars on the bilateral eyebrows is granted. The Veteran's lay testimony regarding his injury during service is considered credible.