The Board found that the March 1999 rating decision did not contain clear and unmistakable error, and denied the Veteran's claim for an effective date prior to October 13, 2005. The Veteran was awarded a 60 percent evaluation for asthma in June 2005 based on his current condition.
The deciding factor: The March 1999 rating decision assigning a 30 percent disability rating for asthma was not clearly and unmistakably erroneous as the evidence did not show that the Veteran met the criteria for a 60 percent rating at any time during the period in question. The effective date of the increased rating cannot be earlier than October 13, 2005, due to the finality of previous decisions.
- Claimed conditions
- Asthma
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- September 23, 2009
- Citation
- 0935953
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 0935953.
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 asthma is currently rated as 10 percent disabling, and the Board finds that this rating adequately compensates his service-connected condition.
- Partly granted
The Veteran's asthma is currently rated at 30 percent, and the Board finds that a higher rating is not warranted.,The Veteran's sleep apnea claim has been remanded due to duty-to-assist errors.
- Granted
The Veteran's service-connected disabilities, including PTSD, asthma, and foot conditions, rendered him unable to secure or follow a substantially gainful occupation consistent with his education and work history throughout the appeal period.
- Remanded (sent back)
The Board has decided to remand several cases related to the Veteran's PTSD, asthma, and other conditions. The issues include increased disability ratings for PTSD and asthma, as well as effective date determinations.
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