The evidence does not reasonably show that prior to October 7, 1996, the veteran's restrictive pulmonary disease was productive of paroxysms of asthmatic breathing.
The deciding factor: The evidence did not support a finding of paroxysms of asthmatic breathing several times a year with no clinical findings between attacks as required for a compensable rating under the applicable criteria at that time.
- Claimed conditions
- restrictive pulmonary disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 17, 2009
- Citation
- 0905697
Veterans Law Judge
Decisions by this judge: 1,643 · Granted: 15% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0905697.
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.
- Dismissed
The Veteran withdrew his appeal before the Board could make a decision.
- Granted
The Veteran is granted an effective date of July 9, 2012 for a 60 percent rating for restrictive pulmonary disease. The decision was based on new and material evidence received within a year of the December 2013 rating action.
- Remanded (sent back)
The Board has ordered additional development due to the passage of time and the need for updated medical evaluations. The Veteran's claims for increased ratings will be reconsidered after all new evidence is obtained.
- Remanded (sent back)
The Veteran's appeal is being remanded due to the need for a Travel Board hearing at the RO.
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