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
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.
- 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.
- Remanded (sent back)
The Board granted the petition to reopen the claim of entitlement to service connection for bilateral hearing loss and remanded issues related to back disability, bronchial asthma, and effective date and initial rating.
- Denied
The Veteran's claim for a restoration of the 30 percent rating for bronchial asthma was denied due to clear and unmistakable error (CUE) in the June 4, 2001 rating decision. The TDIU claim is remanded as additional evidence has been submitted.
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