The veteran is seeking to have a May 1999 rating decision overturned for clear and unmistakable error, which would affect his effective date for the 100% rating for bronchial asthma. The case will be remanded to determine if there was CUE in the May 1999 rating decision.
The deciding factor: The Board is required to address the claim of clear and unmistakable error (CUE) in the May 1999 rating decision that confirmed and continued a 30 percent evaluation for bronchial asthma, as this issue is intertwined with the effective date claim.
- Claimed conditions
- bronchial asthma
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- June 7, 2006
- Citation
- 0616644
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 0616644.
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
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Other Board decisions on a similar condition or argued the same way.
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The Board dismissed the claims for service connection for bronchial asthma, bilateral knee strain, and lumbosacral strain due to a procedural defect in docketing.
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- Partly granted
The Board denied an increased rating for bipolar and related disorders, but remanded claims for service connection for hypertension, diabetes, diabetic peripheral neuropathy, and asthma.
- Partly granted
The Board granted service connection for right shoulder arthritis and denied service connection for bilateral hearing loss. The remaining claims were remanded to correct a pre-decisional duty to assist error.
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