The Board denied the veteran's claim for service connection for asthma and airway hyperactivity, finding that new and material evidence had not been submitted. The increased rating claim for focal segmental glomerular sclerosis with hypertension is being remanded due to inadequate VCAA notice.
The deciding factor: The VA did not provide adequate VCAA notice regarding the specific criteria used to evaluate the veteran's kidney disability and her hypertension, as well as the impact on her employment and daily life.
- Claimed conditions
- asthma, airway hyperactivity
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 1, 2008
- Citation
- 0821604
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 0821604.
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 respiratory disability, including asthma and COPD, is denied as service connection is not warranted due to the condition being solely attributed to smoking.
- Remanded (sent back)
The Board has decided to remand the cases of sleep apnea and asthma due to a failure to provide proper notice for a hearing.
- Dismissed
The Veteran's appeals for service connection for asthma and a 10 percent rating based on multiple noncompensable service-connected disabilities were dismissed. The claim of entitlement to a compensable rating for eczema was denied, while the claim of entitlement to allergic rhinitis was not addressed as it pertained to different issues.
- Granted
The Veteran's service-connected disabilities rendered him unable to secure and follow substantially gainful employment prior to August 14, 2023.
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