Asthma VA Claim Grants

Findings of Fact (verbatim from decision)

1. The probative evidence of record, including statements provided by the Veteran (which the Board finds to be competent and credible) supports a finding that the Veteran was diagnosed with exercise induced asthma during service and that his symptoms have persisted since exiting service. 2. The probative evidence of record, including statements provided by the Veteran (which the Board finds to be competent and credible) supports a finding that the Veteran reported issues with sleeping during service and that these symptoms have persisted since exiting service.

Reasons & Bases (verbatim from decision)

The Veteran, who is the appellant, had active service from February 2003 to December 2006. This matter came before the Board of Veterans' Appeals (Board) on appeal from a November 2018 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). As a preliminary matter, upon review of the evidence of record, the Board has elected to recharacterize the Veteran's claim as one for service connection for a sleep disorder to include sleep apnea. See Clemons v. Shinseki, 23 Vet. App. 1, 5 (2009) ("the Veteran's claim cannot be "limited only to that diagnosis but must rather be considered a claim for any mental disability that may be reasonably encompassed.") Id. Service Connection 1. Service connection for asthma is granted. Legal Criteria Service connection may be granted for a disability arising from a disease or injury incurred in or aggravated by active service. 38 U.S.C. § 1131; 38 C.F.R. § 3.303(a). As a general matter, service connection for a disability requires evidence of: (1) the existence of a current disability; (2) the existence of the disease or injury in service, and (3) a causal relationship (nexus) between the current disability and any injury or disease during service. Factual Background The Veteran reported a productive cough at a March 2003 in-service treatment.…

Findings of Fact (verbatim from decision)

The Veteran's bronchial asthma is related to his active duty service.

Findings of Fact (verbatim from decision)

1. The evidence received on September 22, 2014, in relation to the Veteran's low back disability was new, in that it was not previously part of the actual record before agency adjudicators. The evidence was material in that it related to the nature and severity of the Veteran's low back disability during the period on appeal. 2. The evidence is in at least approximate balance as to whether the Veteran's low back disability manifested as limitation of thoracolumbar range of motion to greater than 30 degrees, but not greater than 60 degrees at the time of his June 2012 claim. 3.…

Reasons & Bases (verbatim from decision)

The Veteran had active service from May 1989 to August 2012. A procedural history of the instant claims is necessary to clarify the scope of the issues presently on appeal. S. Air Force in August 2012. In June 2012 the Department of Veterans Affairs (VA) received the Veteran's pre-retirement claim for disability benefits. " "sciatica" "insomnia [and] fatigue" "exposure to environmental hazards during deployment (NKDA)" "sleep apnea" "lower back stiffness, loss of strength, [and] loss of some movement" "right wrist . . osteoarthritis" "knee osteoarthritis" In a July 2013 rating decision, the VA Regional Office (RO), in pertinent part, granted service connection for low back strain and assigned a noncompensable evaluation, effective September 1, 2012; denied service connection for sciatica; denied service connection for right wrist strain; and denied service connection for any knee disabilities. " The Veteran was provided an amended notification of the June 2013 rating decision on September 25, 2013. Subsequent to the July 2013 rating decision, VA received correspondence from the Veteran with additional medical records attached. " Practical and legal analysis of the date VA received these items has been the subject of a February 2022 Board of Veterans' Appeals (Board) decision; a November 2022 Joint Motion for Partial Remand (JMPR) between the Vete…

Findings of Fact (verbatim from decision)

1. The Veteran's current diagnosis of asthma was caused by an in-service occurrence. 2. The Veteran's current diagnosis of mixed connective tissue disease was incurred during active service.

Reasons & Bases (verbatim from decision)

The Veteran served on active duty in the United States Army from March 2003 to September 2004. Service Connection Service connection may be established for disability resulting from personal injury suffered or disease contracted in line of duty in the active military, naval, or air service. 38 U.S.C. § 1110. Service connection may also be granted for any injury or disease diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disease or injury was incurred in service. 38 C.F.R. § 3.303(d). 1. Asthma During the appeal period, review of private treatment records shows prescribed medication for diagnosis of asthma in November 2017 and diagnosis of asthma in July 2019. Additionally, the November 2022 private Disability Benefits Questionnaire (DBQ) examination report for respiratory conditions shows a diagnosis of asthma with onset in 2005. As a result, the Board finds the element of a current disability has been met in this case. Next, the Veteran did not serve in the Southwest Asia theater of operations, nor any foreign service, during the Persian Gulf War thus is not presumed to have been exposed to fine, particulate matter during such service. See 38 U.S.C. § 101(33); 38 C.F.R. § 3.317(e)(2). As a result, regardless of the Veteran's diagnosis of asthma, the presumptive provisions of 38 C.F.R. § 3.320…

Findings of Fact (verbatim from decision)

The evidence is in relative equipoise as to whether the Veteran's current respiratory pathology manifested by coughing, wheezing, and shortness of breath, to include COPD / emphysema and asthma, is related to his active-duty service.