The veteran's bronchial asthma is not productive of a Forced Expiratory Volume in one second (FEV-1) less than 40 percent predicted; or the ratio of FEV-1 to Forced Vital Capacity (FEV-1/FVC) less than 40 percent; or more than one attack per week with episodes of respiratory failure; or required daily use of systemic (oral or parenteral) high dose corticosteroids or immuno-suppressive medications.
The deciding factor: The medical evidence does not demonstrate findings of bronchial asthma that are exhibited by a FEV-1 less than 40 percent predicted, or; FEV-1/FVC less than 40 percent. There is no evidence that the veteran uses systemic (oral or parenteral) high dose corticosteroids or immuno-suppressive medications on a daily basis.
- Claimed conditions
- Bronchial Asthma
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 12, 2008
- Citation
- 0815550
Veterans Law Judge
Decisions by this judge: 684 · Granted: 25% (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 0815550.
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The Board has granted service connection for obstructive sleep apnea (OSA) as secondary to the Veteran's service-connected bronchial asthma, resolving reasonable doubt in favor of the Veteran.
- Denied
The Board denied the Veteran's claim for a separate 50 percent disability rating for service-connected obstructive sleep apnea, as it is prohibited by law to assign separate ratings for coexisting respiratory disabilities.
- Denied
The appeal to revise, based on clear and unmistakable error (CUE), an October 2020 rating decision's assignment of a 50 percent disability rating for obstructive sleep apnea with bronchial asthma was denied.
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