The Board has determined that new and material evidence has not been submitted to reopen the veteran's claim for service connection for asthmatic bronchitis. The veteran presented a new theory of service connection based on his history of smoking during service, but this theory is precluded by law due to the prohibition against service connection for disabilities resulting from tobacco use in military service.
The deciding factor: The submitted evidence does not provide sufficient medical opinion regarding the etiology or aggravation of the veteran's preexisting asthmatic bronchitis during service and is therefore not material. Additionally, the new theory based on smoking during service is precluded by law due to the prohibition against service connection for disabilities resulting from tobacco use in military service.
- Claimed conditions
- asthmatic bronchitis
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 24, 2003
- Citation
- 0336446
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0336446.
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
Clauses an effective date of August 5, 2021 for the award of service connection for asthmatic bronchitis.,The Veteran's appeal for a higher initial disability rating for asthma was denied.
- Dismissed
The appeal for an increased disability rating for asthmatic bronchitis was withdrawn by the Veteran, and the Board has no jurisdiction to review this matter.
- Denied
The Board denied a rating in excess of 50 percent for sleep apnea with asthmatic bronchitis, to include a separate rating for asthmatic bronchitis.
- Denied
The Board denied service connection for tinea pedis, left wrist disability, asthmatic bronchitis, and gastroesophageal reflux disease (GERD) as the evidence did not support a finding of a causal relationship between these conditions and the Veteran's active duty service.
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