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
Veterans Law Judge
Decisions by this judge: 1,175 · Granted: 22% (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 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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's service-connected bronchial asthma does not preclude him from maintaining substantial gainful employment.
- Dismissed
The Veteran's appeal for an increased rating for obstructive sleep apnea and TDIU is dismissed as the issues are already pending in the legacy system, and docketing of the January 2022 NOD was erroneous.
- Remanded (sent back)
The Board has decided that the Veteran's COPD is a separate and distinct condition from his service-connected bronchial asthma, but it is not secondary to or aggravated by his service-connected bronchial asthma. The Board finds an addendum VA medical opinion necessary to properly determine entitlement to service connection.
- Dismissed
The Veteran's claim for earlier effective dates for service connection and DEA benefits is dismissed as there are no controversies or issues before the Board.
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