The Board has reopened the veteran's claim for service connection for asthma. However, it was determined that asthma did not exist prior to service and was not aggravated by active service. The other claims were also denied as there is no evidence of arthritis, hernia repair, cervical spine disorder, or low back disorder during service. The parakeratotic squamous mucosa with focal acute inflammation of the soft palate claim was also denied.
The deciding factor: The Board found that the veteran's asthma did not exist prior to service and was not aggravated by active service, thus failing to meet the criteria for service connection under new-and-material evidence standards. The other conditions were not shown to be incurred or aggravated during service.
- Claimed conditions
- asthma, arthritis of the knees, residuals of bilateral hernia repair, cervical spine disorder, low back disorder, parakeratotic squamous mucosa with focal acute inflammation of the soft palate
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- July 8, 2008
- Citation
- 0822808
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. Search VA.gov for the original decision (opens in a new tab) using citation 0822808.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: 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.
- Whole decision: Remanded (sent back)
The Board has remanded the claims for a VA examination and medical opinion to determine if the Veteran's low back disorder and bilateral hip disorder are related to his service-connected Crohn's disease.
- Whole decision: Denied
The Board denied the Veteran's claims of service connection for low back disorder, skin disorder, tongue condition, right chest costochondritis, and right hand shaking due to lack of evidence linking these conditions to his military service.
- Whole decision: 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.
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