The Veteran's asthma did not meet the criteria for a compensable evaluation prior to June 8, 2004, and his asthma on or after that date did not warrant an evaluation in excess of 30 percent. The evaluations for postoperative residuals of right patellofemoral syndrome and degenerative disc disease of the lumbar spine were also denied.
The deciding factor: The Veteran's asthma was not productive of a FEV-1 of 71 to 80 percent predicted or FEV-1/FVC of 71 to 80 percent, nor did it require intermittent inhalational or oral bronchodilator therapy prior to June 8, 2004. On or after that date, his asthma was not productive of a FEV-1 of 56 to 70 percent predicted, FEV-1/FVC of 56 to 70 percent, daily inhalational or oral bronchodilator therapy, or inhalational anti-inflammatory medication.
- Claimed conditions
- asthma
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 23, 2009
- Citation
- 0910638
Veterans Law Judge
Decisions by this judge: 1,013 · Granted: 17% (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 0910638.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- 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.
- Granted
The Veteran's service-connected disabilities rendered him unable to secure and follow substantially gainful employment prior to August 14, 2023.
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