The Board denied the veteran's claim for an earlier effective date for a 30 percent rating for bronchial asthma, finding that there was no clear and unmistakable error in the December 1950 rating decision reducing his evaluation from 30 to 10 percent. The current effective date of July 22, 1993, is considered appropriate.
The deciding factor: The Board found that the December 1950 reduction was not clearly and unmistakably erroneous as it was based on a valid application of the law at the time.
- Claimed conditions
- bronchial asthma
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- August 28, 2008
- Citation
- 0829442
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 0829442.
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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