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 assigned
- None in this 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. Look up the original decision on VA.gov (opens in a new tab) using citation 0945427.
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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