Asthma VA Claim Grants

Findings of Fact (verbatim from decision)

1. The appellant suffers from asthma that began during active service or otherwise resulted from an in-service injury or disease. 2. The appellant suffers from vocal cord dysfunction that began during active service or otherwise resulted from the appellant's service-connected asthma. 3. The appellant suffers from osteoporosis that began during active service or otherwise resulted from the appellant's service-connected asthma.

Reasons & Bases (verbatim excerpts from decision)

Entitlement to service connection for asthma. The appellant contends that her asthma began during service and has been continuously treated since then. […] In September 2024, an accompanying medical opinion was provided. This was not provided by an epidemiologist as requested in the Board remand as one was not available. However, the examiner provided a positive nexus opinion and stated that the appellant was exposed to multiple chemicals including but not limited to ozone, PFOA, toluene, butadiene, and many others. The appellant had numerous upper respiratory infections during service which the examiner noted could cause inflammation and irritation of the vocal cords. Based on these in-service complaints as well as the claimed exposure, the examiner found it was at least as likely as not that the appellant's asthma was related to treatment of upper respiratory infections during service. The examiner also provided a positive opinion regarding the asthma being caused by exposure to environmental hazards. […] The accompanying medical opinion stated that the appellant's vocal cord dysfunction was at least as likely as not incurred in or caused by asthma during service. The rationale stated that these repeated and chronic upper respiratory infections can lead to chronic vocal cord dysfunction.

Findings of Fact (verbatim from decision)

1. The Veteran's left eye retinal detachment had its onset during active duty service. 2. The Veteran has credibly shown that he submitted his initial formal claim for service connection for PTSD, posttraumatic headaches, tinnitus, and asthma on March 10, 2015.

Reasons & Bases (verbatim excerpts from decision)

5. An effective date of March 10, 2015, is granted for service connection for asthma. The Veteran seeks an earlier effective date for entitlement to service connection for PTSD, post-traumatic headaches, tinnitus, and asthma. […] In a June 2018 rating decision, the RO established service connection for asthma effective December 13, 2016. […] The Veteran credibly contends, and has consistently contended since at least October 2015, that he filed his initial claim for service connection for PTSD, headaches, tinnitus, and asthma on March 10, 2015, and that through no fault of his own, the paperwork was accidentally destroyed by the USPS while in transit to VA. His representative has submitted what documentation is available to him in support of this argument, which corroborates the Veteran's competent report and that the Board finds credible. In light of the foregoing, because the evidence supports the Veteran's claims, the Board finds that an effective date of March 10, 2015, is warranted for the awards of service connection for PTSD, post-traumatic headaches, tinnitus, and asthma. Accordingly, pursuant to the controlling laws at 38 U.S.C. § 5110; 38 C.F.R. § 3.400, service connection PTSD, post-traumatic headaches, tinnitus, and asthma is granted, effective March 10, 2015.

Findings of Fact (verbatim from decision)

The Veteran's respiratory condition began during her active service.

Findings of Fact (verbatim from decision)

1. The Veteran's asthma was due to his service-connected PTSD and hypertension. 2. The Veteran's OSA was due to his service-connected PTSD and asthma, which is also now service connected.

Reasons & Bases (verbatim excerpts from decision)

In November 2025, the Appellant's representative submitted an 86-page Appellate Brief with numerous citations and excerpts from research and scholarly journal articles regarding PTSD and related development or aggravation of health conditions such as OSA and asthma. As this Brief was submitted for the Board's consideration after the SSOC, the AOJ has not considered it or obtained addendum medical opinions to address the evidence contained in the Brief. As the issues on appeal are being adjudicated under the Board's legacy appeals system, the submission of such evidence without waiver of AOJ consideration would typically result in additional delay, to include further remand. Here, however, having considered the entire evidence of record along with the Appellate Brief, the Board finds the positive and negative evidence to have reached an approximate balance. Thus, the Board finds that remand would serve only to delay final adjudication of these matters, which is inappropriate. As such, resolving all reasonable doubt in the Appellant's favor, the Board will grant service connection for OSA and asthma on a secondary basis. […] In sum, the Board finds the criteria for entitlement to service connection on a secondary basis has been met. As such, service connection for asthma and OSA is warranted and the appeals are granted. See 38 U.S.C. § 5107(b); 38 C.F.R. § 3.310.

Findings of Fact (verbatim from decision)

1. Prior to February 27, 2025, the Veteran's COPD with exercise-induced asthma was manifested by pulmonary function tests (PFTs) consistent with the schedular criteria for a 10 percent rating; PFT results consistent with the schedular criteria for a 30 percent rating, use of daily inhalational or oral bronchodilator therapy, or use of inhalational anti-inflammatory medication is not shown. 2.…