The Board found no CUE in the December 1981 rating decision that granted service connection for bronchial asthma on the basis of inservice aggravation and deducted a preservice level of disability from the current level. The veteran's condition was determined to have pre-existed active military service.
The deciding factor: The Board concluded that the December 1981 rating decision was not CUE because it correctly applied the law and regulations at the time, and the evidence did not support a finding of error in the decision.
- Claimed conditions
- Bronchial Asthma
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 16, 2006
- Citation
- 0607544
Veterans Law Judge
Decisions by this judge: 1,055 · Granted: 31% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0607544.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's service-connected bronchial asthma is found to have aggravated his pre-existing cardiovascular condition, contributing substantially and materially to his cause of death.
- Granted
The Board has granted service connection for obstructive sleep apnea (OSA) as secondary to the Veteran's service-connected bronchial asthma, resolving reasonable doubt in favor of the Veteran.
- Denied
The Board denied the Veteran's claim for a separate 50 percent disability rating for service-connected obstructive sleep apnea, as it is prohibited by law to assign separate ratings for coexisting respiratory disabilities.
- Denied
The appeal to revise, based on clear and unmistakable error (CUE), an October 2020 rating decision's assignment of a 50 percent disability rating for obstructive sleep apnea with bronchial asthma was denied.
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