Asthma Board decisions

The rating for the Veteran's service-connected asthma was reduced from 60 percent to 30 percent, but this reduction is not proper due to it being based on evidence that does not meet the standards for reducing an evaluation.

The Board has restored the separate ratings for OSA and asthma, which were improperly severed/discontinued by the AOJ. The decision is based on procedural errors in the AOJ's actions.

The Veteran's TDIU is granted due to his service-connected right lower extremity radiculopathy, and he also qualifies for SMC based on the combined rating of his service-connected disabilities. The effective date will be determined by the agency of original jurisdiction.

The Veteran's asthma has been granted service connection, while his allergic rhinitis is remanded for further review.

The Veteran's claims for service connection for asthma, sinusitis, and diabetes mellitus, type II have been granted. The Board also found that the effective dates of these grants are August 5, 2021.

The Veteran's appeal of service connection for asthma was dismissed because the issue had not been decided in prior rating decisions and the claim was submitted on an incorrect form.

The Veteran's kidney cancer, colon removal, asthma, and low back condition claims are remanded due to the need for additional development regarding exposure to herbicides, contaminated soil, and radiation. A VA examination is required to address these issues.

The Veteran's claims for increased ratings were denied as her conditions did not meet the criteria for a compensable rating under applicable VA rating criteria.

The Board has decided to remand the case due to inadequate medical opinions and the need for further development, including a new in-person examination and TERA opinion.

The Veteran's asthma is rated at 30 percent, which is the maximum rating available under the current criteria. The Board found that his symptoms did not warrant a higher rating based on the evidence of record.

The Veteran's service connection claims for sleep apnea, autoimmune disease (rheumatoid arthritis), asthma, hypertension, and gastroesophageal reflux disease (GERD) are remanded due to a failure to provide a VA examination regarding the etiology of these conditions.

The Veteran's service connection for asthma has been granted. The appeal for service connection for an acquired psychiatric disorder (claimed as PTSD) and migraine headache is remanded.

The Veteran's bronchitis with asthma is currently rated at 30 percent, but the Board found that it does not meet the criteria for a higher rating under DCs 6600 and 6602.

Service connection for a lower back disability is granted.,A rating in excess of 30 percent for asthma is denied.,An earlier effective date for the grant of a 50 percent rating for migraines is denied.

The Veteran's claims for sleep disturbances, asthma, and a sinus disability are remanded due to potential service connection under the PACT Act. The Board will request TERA-specific medical opinions and assess whether the disabilities are related to active duty service.

The Veteran's claim for an earlier effective date for service connection for asthma and COPD was denied as there is no evidence of a prior informal or formal claim filed before the liberalizing regulation took effect, and retroactive benefits are only available if the Veteran met all eligibility criteria on the effective date of the law change.

The Board has granted earlier effective dates of August 8, 2019 for service connection and increased rating for the Veteran's lumbosacral strain, right knee strain with meniscal and anterior cruciate ligament tears, and OSA with asthma. The appeal for a higher evaluation for OSA with asthma was denied.

The Veteran's service connection claims for an acquired psychiatric disability and respiratory disabilities are denied. The respiratory claim is remanded for further development.

The Veteran's appeal for increased ratings and service connection for various conditions, including OSA with asthma, chronic fatigue, chronic pain, TBI, and a back condition, was denied. The case is remanded to obtain the Veteran's complete service treatment records.

The Veteran's asthma and dyspnea on exertion with noncalcified lung nodules are currently rated at 30 percent, but the Board found that these conditions do not meet or approximate the criteria for a higher rating under Diagnostic Code 6602.