The Veteran's claims for increased ratings were denied. The Board found that the criteria for a higher rating under the old and new rating criteria did not meet the requirements for an increase to the next higher level (30 percent).
The deciding factor: The revised rating criteria provided no basis for increasing the disability rating beyond 10 percent for hypertrophic rhinitis with chronic pansinusitis, and no higher than 60 percent for bronchial asthma prior to February 28, 1997. The Veteran's hypertension was rated based on initial grant of service connection.
- Claimed conditions
- Hypertrophic Rhinitis with Chronic Pansinusitis, Bronchial Asthma
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 1, 2009
- Citation
- 0912148
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 0912148.
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 the Veteran's claim for a separate 50 percent disability rating for service-connected obstructive sleep apnea, as it is prohibited by law to assign separate ratings for coexisting respiratory disabilities.
- Denied
The appeal to revise, based on clear and unmistakable error (CUE), an October 2020 rating decision's assignment of a 50 percent disability rating for obstructive sleep apnea with bronchial asthma was denied.
- Denied
The Board denied an evaluation greater than 50 percent for sleep apnea and a separate rating for bronchial asthma, as the Veteran's symptoms did not meet or approximate the criteria for higher ratings.
- Denied
The Board denied the Veteran's appeal for separate ratings for obstructive sleep apnea and bronchial asthma, as it found that maintaining separate ratings was prohibited under VA regulations.
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