The veteran's claims for an effective date prior to July 14, 1999 for a 60 percent rating for bronchial asthma with chronic bronchitis and TDIU were granted as of July 17, 2000.
The deciding factor: Effective dates are determined based on the earliest date an increase in disability occurred or when the claim was received within one year from such date. The effective date for the increased rating is fixed in accordance with the facts found, but shall not be earlier than the date of receipt of claim.
- Claimed conditions
- bronchial asthma, chronic bronchitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- March 17, 2006
- Citation
- 0607788
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted service connection for asthma and remanded claims for insomnia and sleep apnea. Other conditions were denied.
- Dismissed
The Board dismissed the claims for service connection for bronchial asthma, bilateral knee strain, and lumbosacral strain due to a procedural defect in docketing.
- Granted
The Veteran's claims for earlier effective dates for service connection for chronic bronchitis, asthma, sinusitis, and rhinitis were granted. The claims for service connection for right hand disability, right shoulder disability, right ankle disability, left ankle disability, erectile dysfunction, bilateral shoulder disability, and left wrist disability were remanded.
- Partly granted
The Board granted service connection for bronchial asthma, obstructive sleep apnea (OSA), and a heart disability associated with the appellant's service in the Southwest Asia theater of operations during the Persian Gulf War. The remaining claims were remanded to correct pre-decisional errors.
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