The Board found that the evidence submitted since the previous denials was not new and material, thus denying the claims to reopen for service connection of bronchial asthma, generalized anxiety disorder, and a back condition.
The deciding factor: The newly submitted evidence did not provide a competent medical link between the claimed in-service conditions and the Veteran's current conditions, failing to raise a reasonable possibility of substantiating the claim.
- Claimed conditions
- bronchial asthma, generalized anxiety disorder, back condition
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 13, 2009
- Citation
- 0905301
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.
- Remanded (sent back)
The appeal is remanded to correct pre-decisional duty to assist errors, including the failure to obtain relevant treatment records and provide adequate VA examinations.
- Denied
The Board denied service connection for various conditions, including left foot condition, right foot condition, cellulitis, right ear hearing loss, and right lower extremity radiculopathy. The appeal of the proposal to reduce a 40 percent evaluation for lumbosacral strain was dismissed.
- Dismissed
The Board dismissed the claims for service connection for bronchial asthma, bilateral knee strain, and lumbosacral strain due to a procedural defect in docketing.
- Denied
The Board denied the veteran's claim for service connection for a back condition, finding no evidence of a nexus between the in-service incident and the current disability.
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