The Board denied the veteran's claim that the January 28, 1976 RO letter denying service connection for bronchial asthma contains clear and unmistakable error.
The deciding factor: The appeal was denied because it is impossible to determine exactly what was in the record before the RO in 1976, and a determination of clear and unmistakable error must be based on the record and law that existed at the time of the prior adjudication in question.
- Claimed conditions
- bronchial asthma
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 6, 2008
- Citation
- 0814951
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
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.
- 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.
- 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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