Asthma Board decisions

The Veteran's son is denied accrued benefits and benefits under 38 U.S.C. § 1805 as there was no pending claim for VA benefits at the time of his father's death, and he does not have a diagnosis of spina bifida.

The Veteran's son is denied accrued benefits and benefits under 38 U.S.C. § 1805 as there was no pending claim for VA benefits at the time of his father's death, and he does not have a diagnosis of spina bifida.

The Board has decided to remand the claims for asthma, restrictive lung disease, an acquired psychiatric disorder to include anxiety, and hypertension. The Veteran was not provided with VA examinations as required by law.

The Board has dismissed the claim for service connection for obstructive sleep apnea as there remains no justiciable case or controversy. The Veteran's asthma and pulmonary hypertension are currently rated at 50 percent, but a higher rating is not warranted.

The claim for an initial compensable disability rating for service-connected vertigo is dismissed.,The claim for an effective date earlier than May 1, 2015, for service-connected tinnitus is denied. The earliest date on which service connection for tinnitus may be effective is May 1, 2015.

The Board has remanded the Veteran's claims for service connection for a right knee disability and respiratory disorder (including asthma and COPD) due to insufficient development of medical evidence. The Veteran is requested to provide VA with any private treatment records, undergo VA examinations, and submit additional evidence if needed.

The Veteran's claims for asthma, bilateral hearing loss, and dental trauma have been reopened. The Veteran is granted a separate 10 percent rating for residuals of a traumatic brain injury (TBI). An earlier effective date for the grant of service connection for TBI has been granted. Effective September 24, 2013, an earlier effective date for entitlement to total disability rating based on individual unemployability (TDIU) has also been granted.

The Board has determined that the Veteran's asthma preexisted service and was not aggravated by service, thus denying his claim for service connection.

The Board has remanded the case due to conflicting opinions regarding the Veteran's respiratory disorders, specifically asbestosis, asthma, and COPD. The AOJ must complete efforts to determine the extent of the Veteran's exposure to asbestos during service and obtain an addendum opinion from a VA examiner.

The Veteran's asthma is currently rated 30 percent disabling and does not meet the schedular percentage criteria for a TDIU. However, due to his limitations from asthma, he may be eligible for a TDIU on an extraschedular basis. The case is being remanded to determine if this is the case.

The Veteran's claim for service connection for asthma was granted, while his claim for service connection for bronchitis was dismissed.

The Board denied service connection for a left foot disability and asthma, finding that the conditions did not manifest to a compensable degree within one year of separation from active duty and were not aggravated by service.

The Veteran's claims for service connection for asthma and lumbar spine disability are remanded due to duty-to-assist errors. The claim for asthma is not readmitted as new relevant evidence has not been presented or secured.

The Veteran's asthma, allergic rhinitis, and hemorrhoids are related to his service in the Gulf War. The Board has ordered remand for further examination and opinion regarding these conditions.

The Veteran's asthma is granted as service connected. The issues of a separate compensable rating for ilio-hypogastric and/or ilio-inguinal neuropathy, service connection for plantar fasciitis, right knee degenerative arthritis (post meniscal repair), and left knee degenerative arthritis are remanded.

The Board has remanded the case due to insufficient evidence regarding the etiology of the Veteran's respiratory condition, specifically asthma and bronchitis. The Veteran contends that her current respiratory issues are related to service, but a VA examiner found it less likely than not that these conditions were incurred in or related to service.

The Veteran's service connection for OSA and TDIU prior to November 3, 2016 is denied as there is no evidence of a direct link between his service-connected asthma with COPD and the development or worsening of OSA. The Veteran was found unable to secure or follow a substantially gainful occupation due to his service-connected disabilities.

The Veteran's request for a higher disability rating for his service-connected sleep apnea and asthmatic bronchitis is denied. The discontinuance of the separate 30 percent rating for asthmatic bronchitis due to CUE in the June 2008 rating decision is also denied.

The Veteran's claims for service connection for lumbar spine disability, GERD, and asthma are granted. The claim for lumbar spine disability is remanded due to the need for a new VA examination.

The Board has decided to remand the Veteran's asthma claim due to inadequate examination, and a new VA medical examination is required.