The Veteran's request to reopen a claim for service connection for asthma, including bronchitis or bronchial asthma, was granted. The Board has no jurisdiction over the appeal of eligibility for nonservice-connected pension benefits.
The deciding factor: An August 2005 private medical opinion provided new and material evidence that the Veteran's pre-existing asthma was permanently aggravated during service, thus reopening the claim. However, the Board lacks jurisdiction to review a claim of eligibility for pension benefits as it was not timely appealed.
- Claimed conditions
- asthma, bronchitis, bronchial asthma
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 2, 2009
- Citation
- 0907612
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran was granted a 70 percent disability rating for unspecified trauma and stressor-related disorder with major depressive disorder, recurrent, and alcohol use disorder in early remission, as well as TDIU due to asthma and SMC at the housebound rate.
- Partly granted
The Board granted service connection for asthma and remanded claims for insomnia and sleep apnea. Other conditions were denied.
- Denied
The Board denied service connection for various conditions, including sinusitis, elbows condition, cervical condition, erectile dysfunction, kidney condition, sleep apnea, wrists condition, asthma, shoulders condition, ankles condition, eye condition (bilateral dry macular degeneration), peripheral vascular disease (heart condition), and rhinitis.
- Denied
The Board denied the Veteran's request for an earlier effective date for service connection for asthma, as he did not file a claim or intent to file a claim within one year of his separation from service.
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