Asthma Board decisions

The Veteran's service-connected asthma, rated at 60%, is the primary disability affecting his ability to work. The Board finds that his mild neurocognitive disorder did not preclude him from securing or following substantially gainful employment.

The Board has granted effective dates of January 31, 2023 for the awards of service connection for hearing loss, tinnitus, lumbar spine intervertebral disc syndrome with degenerative arthritis, left lower extremity radiculopathy, right lower extremity radiculopathy, and asthma.

The Veteran's asthma, sinusitis, allergic rhinitis, acne, tinea pedis with calluses, eczema antecubital areas of both arms, and GERD are all rated at the minimum levels. The Veteran's unspecified trauma and stressor related disorder is not rated higher than 50 percent. Pseudofolliculitis barbae, left knee strain, and right knee strain have been remanded for further review.

The Veteran's appeal for a higher rating for asthma has been dismissed because she withdrew her appeal.

The Veteran's TDIU claim is granted prior to October 16, 2019, and dismissed from that date onwards due to the receipt of a 100% disability rating for Meniere's disease.

The Board has dismissed the issue of entitlement to service connection for asthma as it was already granted in a previous rating decision. The issues of evaluating OSA with asthma, allergic rhinitis, and recurrent sinusitis are remanded due to duty-to-assist errors.

The Board has remanded the case due to a lack of proper notice regarding the Veteran's right to a hearing. The matter will be returned to the AOJ for corrective notice.

The Board has remanded the claims for service connection due to a failure to obtain an opinion from a VA examiner regarding the Veteran's disabilities and their relation to carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA.

The Board has decided that the Veteran's claim of service connection for asthma should be remanded due to the need for additional development and examination.

The Veteran's claim for service connection for chronic bronchitis is denied as there is no current diagnosis of the condition.,Service connection for emphysema and COPD is granted on a presumptive basis pursuant to the PACT Act due to exposure to burn pits during active duty in Kuwait.,Service connection for asthma is granted based on presumed exposure to fine particulate matter during service in the Southwest Asia theater of operations.,The claim for service connection for OSA is denied as there is no established link between the Veteran's symptoms and his military service, including exposure to burn pits.

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

The Veteran's service-connected disabilities do not result in loss or permanent loss of use of a hand or foot, severe burn injury, amyotrophic lateral sclerosis, ankylosis of one or both knees or hips, or permanent impairment of vision. Therefore, the criteria for financial assistance in the purchase of one automobile or other conveyance with necessary automotive adaptive equipment are not met.

The Veteran's claim for service connection for allergies is denied as there is no evidence of a current disability related to his military service.,The Veteran's claim for service connection for asthma is granted as the condition preexisted service and was not aggravated by service.

The Board has remanded the claims for service connection due to inadequate VA examinations and failure to address specific circumstances.

Service connection is granted for tinnitus, but the claim of service connection for asthma is remanded due to insufficient evidence.

The Board has decided to remand the claim of service connection for obstructive sleep apnea (OSA) due to a duty to assist error, and requires an addendum opinion from the VA examiner regarding whether the Veteran's service-connected disabilities caused or aggravated obesity, which is considered an intermediate step in establishing secondary service connection.

The Veteran's asthma has not manifested in the required criteria for a higher rating, and therefore, the claim for an increased rating is denied.

The Veteran's TDIU claim was granted, and his service connection claims for various conditions were dismissed. The effective date of the TDIU is not specified in the decision.

The Veteran's claim for an earlier effective date for service connection of asthma was denied as the claim had not been continuously pursued within one year of the final January 2018 rating decision.

The Board has granted service connection for asthma, bronchitis, and rhinitis. The conditions are found to be related to the Veteran's in-service toxic exposure risk activities (TERA).