The veteran's bronchial asthma is currently rated at 30 percent, and no higher. The knee conditions have been increased to 20 percent prior to August 25, 2003, and to 30 percent since April 29, 2004.,For the knees, the veteran's chondromalacia with patellar tendonitis has not met the criteria for a higher rating at any time during the appeal period.
The deciding factor: The veteran’s bronchial asthma does not meet the criteria for an increased rating beyond 30 percent as her FEV-1 and FEV-1/FVC are within normal limits, and she uses inhalants daily. The knee conditions have been rated at 20 percent prior to August 25, 2003, and 30 percent since April 29, 2004, as they do not meet the criteria for a higher rating due to their current stability.,The veteran's knee conditions are currently stable with no evidence of severe instability or arthritis. The most recent VA examination in April 2004 did not show any signs of more than moderate lateral instability.
- Claimed conditions
- bronchial asthma, chondromalacia of the patella, left knee with patellar tendonitis, chondromalacia of the patella, right knee with patellar tendonitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 23, 2007
- Citation
- 0701802
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 0701802.
What this means for you
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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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