Asthma Board decisions

The Board has determined that the claims for increased ratings and service connection are inextricably intertwined with the appellant's request to substitute as a claimant. The AOJ must address these issues, including obtaining updated VA treatment records and addressing the February 2014 VA examiner's qualifications.

The Board denied the Veteran's claim for service connection for a lung disorder, including COPD and other respiratory conditions like asthma, bronchitis, allergic rhinitis, and hay fever. The decision found that there was no clear and unmistakable evidence showing pre-existing conditions existed prior to service or were aggravated by service.

The Veteran's autoimmune hepatitis and breathing condition (asthma) are granted as service-connected due to exposure at Camp Lejeune. The Board found the evidence in equipoise for both conditions, granting them based on direct service connection.

The Veteran's service-connected disabilities do not prevent her from obtaining and maintaining substantially gainful employment consistent with her educational and occupational background prior to April 16, 2019.

The Veteran's right shoulder disability and obstructive sleep apnea are granted service connection. The lumbar spine disorder and asthma/rhinitis issues have been remanded for further examination and opinion.

The Veteran's claim for service connection for sleep apnea is remanded due to the need for additional medical opinions regarding the etiology of his sleep apnea and its aggravation by his service-connected conditions.

The Board has decided to remand the case due to insufficient medical opinion regarding whether the Veteran's asthma is related to his period of active service, including exposure to herbicides.

The Board has remanded the Veteran's claims for service connection and rating of his disabilities due to incomplete or insufficient evidence, including missing VA treatment records and SSA disability benefits information. The Veteran is also required to undergo examinations to assess his hands, sleep apnea/asthma, and right shoulder.

The Veteran's asthma, a qualifying chronic respiratory disease associated with presumed exposure to fine particulate matter during his deployment in the Southwest Asia theater of operations, is granted as service connected. The TDIU claim prior to September 8, 2009, remains pending and will be remanded for further development.

The Board has decided to remand the Veteran's claims for obstructive sleep apnea, respiratory disorder, and peripheral neuropathy of the upper and lower extremities due to service connection issues. Additional medical opinions are needed to address the onset and relationship of these conditions to his military service.

The Board has ordered a remand to obtain an opinion regarding the nature and etiology of the Veteran's current breathing disorder, including whether it is related to service or in-service exposure.

The Board has remanded the claim for a VA examination and medical opinion to address whether any current chronic lung conditions, including COPD and asthma, are related to service. The March 2022 VA examiner's opinion was found inadequate due to its reliance on only the March 2022 PFT report without considering other relevant evidence.

The Veteran's asthma and COPD with episodic pneumonia rating was restored to 100%, and his entitlement to SMC at the housebound rate was restored as well.

The Board has granted reopening of the previously denied claim for service connection for asthma, as new and material evidence was received since the July 2011 decision. The Veteran's respiratory disability is now considered to include all respiratory conditions, including asthma, which he claims are related to a near-drowning incident during service.

The Board has decided to remand the case for additional development, including obtaining pulmonary function test results and clarifying the Veteran's symptoms related to his service-connected bronchial asthma. The TDIU issue is also being remanded.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to insufficient evidence showing he was unable to secure and maintain gainful employment despite his service-connected disabilities.

The Veteran's TDIU claim is denied as his service-connected asthma alone does not preclude substantially gainful employment.

The Veteran's asthma is granted as service connected due to exposure to particulate matter during his Southwest Asia theater of operations.

The Board has remanded the Veteran's claims for service connection due to new evidence submitted since the last decision. The issues include sleep apnea, respiratory conditions (including asthma and bronchitis), and a lower back condition.

The Veteran's service-connected disabilities do not prevent him from securing or maintaining substantially gainful employment for the appeal period prior to December 2, 2019.