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
Veterans Law Judge
Decisions by this judge: 3,038 · Granted: 30% (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 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.
- Denied
The Veteran's service-connected bronchial asthma does not preclude him from maintaining substantial gainful employment.
- 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.
- 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.
- Dismissed
The Veteran's appeals for service connection for asthma and a 10 percent rating based on multiple noncompensable service-connected disabilities were dismissed. The claim of entitlement to a compensable rating for eczema was denied, while the claim of entitlement to allergic rhinitis was not addressed as it pertained to different issues.
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