Asthma Board decisions

The Board has remanded the Veteran's claims for cervical spine condition and respiratory condition due to a pre-decisional error in obtaining medical opinions. The cervical spine claim is being remanded for a new secondary service connection opinion, while the respiratory condition claim requires an examination and direct service connection opinion considering the Veteran's exposure to burn pits during service.

The Veteran's earlier effective date for service connection of obstructive sleep apnea with asthma is granted, and his initial disability rating from August 1, 2011, through July 30, 2014, is also granted.

Service connection for a liver disorder, claimed as fatty liver/nonalcoholic steatohepatitis, is denied.,Service connection for Vitamin D deficiency is denied.,The appeal of the claim for asthma (exercise-induced) is dismissed.

The Board has decided to remand the case due to a duty to assist error, requiring further medical evaluation to determine if asthma was incurred during active duty for training.

The Veteran's hearing loss does not meet the criteria for VA compensation purposes.,There is no evidence of a current diagnosis of sleep apnea.,Service connection for asthma was granted on a presumptive basis under the PACT Act, effective August 10, 2022.,Service connection for migraine headaches (headaches) was granted on a presumptive basis under the PACT Act, effective December 3, 2021.,Service connection for right hand strain was granted on a presumptive basis under the PACT Act, effective December 3, 2021.,Service connection for allergic rhinitis was granted on a presumptive basis under the PACT Act, effective August 10, 2022.

The Veteran's claim for service connection for tinnitus was denied as there is no persuasive evidence that the condition began during active service or is otherwise related to an in-service injury, event, or disease.,The claims for service connection for bronchial asthma, insomnia, and migraines were dismissed due to a failure to timely file a Notice of Disagreement within one year of receiving notification of the December 2023 rating decision.

The Veteran's asthma was granted service connection on a presumptive basis due to the PACT Act, and his claim is effective as of April 16, 2021. The Board also found that he had direct service connection for asthma based on in-service exposure.

The Board has remanded the claims for asthma, vertigo, bruxism, lower back condition, migraines, PTSD (to include depression, somatic system disorder), GERD, and sleep apnea due to a duty to assist error in obtaining service treatment records.

The Board has decided to remand the case due to inadequate medical opinions regarding service connection for asthma. The Veteran's asthma is claimed as being aggravated by in-service exposure, but the provided VA examination did not consider all relevant evidence and was therefore inadequate.

The Veteran's appeals for earlier effective dates and ratings have been dismissed due to procedural deficiencies in the Notice of Disagreement (NOD) filed by his representative.

The Board has remanded the claims for asthma, diabetes mellitus, and hypertension to include as secondary to service-connected PTSD due to potential herbicide exposure at Kadena Air Force Base. The Veteran's acquired psychiatric disorder, depression and anxiety, alcohol use disorder, asthma, diabetes mellitus, and hypertension are all related to his service-connected PTSD.

The Board has remanded the case due to a need for further development, including obtaining a VA medical advisory opinion regarding the nature and etiology of the claimed respiratory disabilities (other than sinusitis, rhinitis, and bronchitis). The Veteran's service records show he was deployed to the Persian Gulf prior to August 2, 1990, but it is unclear whether his service on the U.S.S. Shiloh after 1990 was in the Southwest Asia theater of operations during the Persian Gulf War.

The Board has denied the Veteran's claims of service connection for thyroid cancer, OSA, GERD, and lung disability due to a lack of evidence linking these conditions to his military service or exposure to herbicides. The Board found that there is no causal relationship between the claimed disabilities and his service.

The Veteran's PTSD claim is denied as his disability does not meet the criteria for a higher rating.,The Veteran's asthma and TBI claims are remanded due to inadequate medical opinions.

The Board has determined that additional efforts are needed to obtain the Veteran's service treatment records and VA treatment records, which may provide relevant information for the claims of service connection. The case is therefore being remanded for these purposes.

The Veteran's asthma is currently rated at 30 percent, and the Board denied a higher rating. The Veteran also sought TDIU due to his asthma and knee conditions, but the Board found that he could still perform sedentary jobs.

The Board has granted service connection for colon cancer and obstructive sleep apnea as secondary to service-connected diabetes mellitus, type II. Service connection for COPD and asthma have been denied.

The Veteran's claim for service connection for a skin condition is dismissed. The Board has also remanded the claims for service connection for sarcoidosis and asthma due to procedural issues.

The Veteran's claim for a higher rating for GERD was denied. The claims for service connection of chronic sinusitis, asthma, and sino-pulmonary disease were remanded.

The Veteran's application for enrollment in the Program of Comprehensive Assistance for Family Caregivers (PCAFC) was denied because he is able to independently perform his activities of daily living and does not need personal care services.