The Board denied the Veteran's appeal for an earlier effective date for a 100 percent rating for bronchitis, as it was not factually ascertainable that his disability had increased within one year prior to April 19, 2006.
The deciding factor: The July 2006 VA examination is the only medical evidence of record pertaining to the claim for an increased rating for bronchitis. No new evidence was received or dated between April 2005 and April 2006 that had not been considered by the November 2005 rating decision.
- Claimed conditions
- bronchitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 5, 2009
- Citation
- 0908174
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.
- Denied
The Board denied service connection for bronchitis, COPD, asthma, and plantar fasciitis as not being related to the Veteran's military service. The Board also denied an increased rating for painful malunion of the left clavicle, compensation under 38 U.S.C. § 1151 for obstructive sleep apnea (OSA), and a total disability rating based on individual unemployability due to service-connected disabilities.
- Dismissed
The Board dismissed the claims for service connection for bronchitis, COPD, asthma, compensation under 38 U.S.C. § 1151 for OSA, and an increased rating higher than 20 percent for painful malunion of the left clavicle.
- Dismissed
The veteran's appeal for service connection for bilateral hearing loss, asthma, and bronchitis was dismissed as the Board Appeal request was not timely filed.
- Denied
The Board denied an increased rating for bronchitis and an earlier effective date for the grant of service connection, as the evidence did not support a higher rating or an earlier effective date.
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