The Board denied the veteran's claims for increased ratings for bronchial asthma and allergic rhinitis, finding that his symptoms did not meet the criteria for a higher rating under applicable diagnostic codes. The veteran's chronic sinusitis was also found to be noncompensable.
The deciding factor: The evidence showed FEV-1 of 98 percent predicted and FEV-1/FVC of 86 percent, which did not meet the criteria for a higher rating under DC 4.97, Diagnostic Code 6602 (asthma). The veteran's allergic rhinitis was found to be less than 50% obstructive on both sides without polyps, thus not meeting the criteria for a compensable rating under DC 4.97, Diagnostic Code 6522.
- Claimed conditions
- allergic conjunctivitis, status post surgery Pterygium OD, Pinguecula OS, Presbyopia, otitis media, right ear
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- April 14, 2006
- Citation
- 0610768
Veterans Law Judge
Decisions by this judge: 1,012 · Granted: 24% (granted or partly granted, in the indexed 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. Search VA.gov for the original decision (opens in a new tab) using citation 0610768.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Board has remanded the case for referral to the Director, Compensation Service, for a determination under 38 C.F.R. § 4.16(b) regarding entitlement to a TDIU prior to May 20, 1999, on an extraschedular basis.
- Whole decision: Denied
The Board found that new and material evidence had been submitted to reopen several of the Veteran's previously denied claims, but did not grant service connection for any of them.
- Whole decision: Remanded (sent back)
The Board has remanded the Veteran's claims for low back disability, cervical spine disability, left wrist sprain, left ankle disability, musculoskeletal strain (claimed as costochondritis Tietze's syndrome), otitis media, right ear, right knee disability, left knee disability, bilateral hearing loss disability, and tinnitus due to new evidence of ongoing symptoms.
- Whole decision: Remanded (sent back)
The Board has decided to remand the case due to non-compliance with previous directives and a need for another VA examination.
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