Asthma Board decisions

The Veteran's asthma rating was restored from a 10% to a 30% effective as of the date of the reduction.

The Veteran's asthma has been rated at 30 percent, but the Board is remanding the case to ensure proper evaluation and consideration of his condition.

The Veteran's asthma is granted as service-connected. The claims for hypertension, an acquired psychiatric disorder (likely depression), and left knee sprain are remanded.

The Board has found that a remand is necessary due to the lack of proper notice regarding an element not met in denying the Veteran's increased rating claim for asthma with recurrent acute bronchitis. The Veteran was not informed about the intermittent course of systemic corticosteroids, which may have been an issue.

The Veteran's service-connected recurrent pneumonia with lung scarring has rendered him unable to secure or follow a substantially gainful occupation due to the combined effects of his service-connected disability and other non-service-connected respiratory conditions.

The Veteran's claim for service connection for COPD is denied as there is no current diagnosis of COPD in the record, and his symptoms are attributed to other already service-connected conditions.

The Veteran's appeal for an earlier effective date for service connection of asthma was denied as the withdrawal of his previous appeals and the filing of a supplemental claim more than a year later precluded any earlier effective date.

The Veteran's claims for TDIU and Dependents' Educational Assistance were denied as there was no factual basis to grant earlier effective dates, with the exception of a 10% increase in disability rating for tinnitus from October 29, 2017. The Board found that the Veteran did not become unemployable within one year prior to October 29, 2018.

The Board has remanded the claims of service connection for various conditions due to a pre-decisional duty to assist error and the need for additional medical opinions.

The Board has remanded the claims for service connection due to insufficient evidence and needs further development.

The Veteran's appeal for an effective date prior to September 17, 2023, for the grant of service connection for asthma was denied. The appeal for a compensable rating for allergic rhinitis also failed.

The Board has remanded the Veteran's claim for a bilateral lung condition due to insufficient evidence, specifically a lack of an opinion regarding whether his current lung conditions are related to service. The case will be returned for further development.

The Board has determined that the evidence does not demonstrate a nexus between the Veteran's currently diagnosed asthma and service, but has found deficiencies in the VA medical opinion. The matter is being remanded to obtain an Individual Longitudinal Exposure Record (ILER) for the Veteran's claimed exposure to smoke from artillery and burn pits in Vietnam used to burn oil and garbage, and to obtain a new TERA memorandum.

The Board denied service connection for asthma, finding that the Veteran's condition pre-existed military service and was not aggravated by any in-service event or illness.

The Veteran's asthma rating was reduced from 60% to 30%, but the Board found this reduction improper and restored the original 60% rating.

The Veteran's asthma and lumbar spine condition were evaluated, with the asthma receiving a non-compensable rating due to favorable pulmonary function test results. The lumbar spine issue was remanded for further examination.

The Board has determined that there are pre-decisional duty-to-assist errors in the claims for a compensable rating for service-connected left wrist ganglion cyst and a disability rating in excess of 30 percent for service-connected asthma. The claims are being remanded to obtain additional evaluations.

The Board has granted the Veteran's claim for direct service connection for asthma, finding that it had its onset during active service and is not related to any in-service exposure. The effective date of this decision is June 29, 2020.

The Board has decided to remand the case due to procedural errors in adjudicating attorney fees based on past-due benefits awarded in September and February 2021 rating decisions. The issues are about the validity of a VA Form 21-22a and entitlement to attorney fees.

The Veteran's service-connected reactive airway disease is currently rated at 0 percent disabling, and the Board has determined that a compensable rating is not warranted based on the evidence of record.