The Veteran's claims for increased disability ratings have been denied. The VA has fulfilled its duty to assist the Veteran in obtaining evidence, but he failed to cooperate with the VA's efforts to obtain additional medical records. His asthma and hypesthesia of the left toes are currently rated as 30 percent and 0 percent respectively, which is the maximum rating available under current regulations.
The deciding factor: The Veteran has not provided sufficient evidence to show that his conditions have worsened beyond what is contemplated by the current ratings. The VA has attempted to obtain all relevant medical records but the Veteran's failure to cooperate with these requests limits the ability to provide a more favorable evaluation.
- Claimed conditions
- Asthma, Right Otitis Media, Hypesthesia of the Left 4th and 5th Toes
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- November 30, 2009
- Citation
- 0945427
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. Search VA.gov for the original decision (opens in a new tab) using citation 0945427.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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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