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
Veterans Law Judge
Decisions by this judge: 3,217 · Granted: 46% (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 0814951.
What this means for you
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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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