The Board denied the Veteran's claims for service connection for asthma and PTSD, and did not grant an increased rating for her cervical spine injury. The evidence submitted since the previous denial was found to be cumulative.
The deciding factor: No new and material evidence was presented to reopen the claim for service connection for asthma. There is no credible supporting evidence that the Veteran's claimed in-service stressor occurred, thus preventing service connection for PTSD. The cervical spine disability did not meet the criteria for a higher rating under Diagnostic Code 5243.
- Claimed conditions
- asthma, posttraumatic_stress_disorder
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 22, 2009
- Citation
- 0923376
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 0923376.
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 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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