Asthma Board decisions

The Board has remanded the claims of service connection for a respiratory disability and OSA as secondary to asthma due to a pre-decisional duty to assist error in failing to obtain an examination and opinion regarding the Veteran's claim for service connection for a respiratory disability. The issues are inextricably intertwined with the respiratory disability claim.

The Veteran's service-connected disabilities rendered him unemployable or unable to secure and follow a substantially gainful occupation as of October 16, 2017. The Board granted an effective date of this date for his TDIU and basic eligibility for DEA benefits.

The Veteran's claim for service connection for asthmatic bronchitis has been granted with an effective date of September 19, 2019. The other claims remain denied.

The Veteran's prostate cancer and diabetes are granted service connection due to presumed exposure to herbicides in the Korean DMZ. Service connection for erectile dysfunction is also granted as secondary to his service-connected prostate cancer. However, asthma cannot be linked to herbicide exposure and thus denied.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea as secondary to her service-connected asthma, finding that there is at least a 50% likelihood that her sleep apnea was caused or aggravated by her asthma.

The Board has remanded the case due to inadequate examination and opinion regarding service connection for a respiratory condition, including COPD. The Veteran was exposed to asbestos during service and presumed to have been exposed to herbicides in Vietnam.

The Veteran's asthma and obstructive sleep apnea are remanded for further examination and opinion regarding their relationship to service, with a focus on toxic exposure risk activity.

The Veteran's asthma has been rated at 60 percent for the entire period on appeal, and he is granted a TDIU.

The Board has dismissed the appeals for service connection for right foot condition, left foot condition, insomnia, asthma, and left ear hearing loss as the Veteran did not timely file a Notice of Disagreement.

The Veteran's lumbosacral strain was rated at 40 percent effective February 28, 2022.,An earlier effective date of June 23, 2021 for the increased rating of 30 percent for asthma is granted.,SMC effective from June 23, 2021 is granted.

The Veteran's claims for service connection for headaches, sinusitis, bronchitis, and asthma have been denied as there is no evidence of a chronic disability related to these conditions during or within one year after service. The VA examiners concluded that the claimed respiratory disorders are not related to service.

The Board denied the Veteran's claim for service connection for a respiratory disability, other than his already service-connected episodic bronchitis. The evidence did not support a finding of a separate respiratory disability.

The Veteran's claim for an earlier effective date for service connection of bronchial asthma is granted, with the effective date set at November 20, 2021.

The Veteran's asthma is related to his in-service toxic exposure, and the Board has granted service connection for this condition.

The Board has found that the VA did not substantially comply with its August 2023 remand directives and thus requires additional development to obtain missing records.

The Board denied an initial disability rating in excess of 10 percent for asthma and a compensable rating for allergic rhinitis.,The appellant's service-connected asthma was rated at 10 percent, reflecting intermittent inhalational or oral bronchodilator therapy.

The Veteran's service-connected disabilities resulted in the need for aid and attendance as he required care or assistance on a regular basis to feed himself, keep himself clean and presentable, protect him from hazards, and manage his medications.

The Veteran's asthma and obstructive sleep apnea disability are currently rated at 50 percent. The Board has remanded the issues of higher ratings for both disabilities.

The Veteran's right ear hearing loss is denied as there is no evidence of in-service noise exposure resulting in current hearing impairment.,The Veteran's asthma is remanded for further development and an opinion regarding its etiology.

The Board has dismissed the appeal of the Veteran's claim for service connection for asthma as no rating decision has been issued regarding this issue, and the Regional Office is in the process of developing it.