The Veteran's claims for an increased evaluation for bronchial hyperreactivity asthma and service connection for panic disorder were denied. The Veteran's asthma currently meets the criteria for a 30 percent rating based on FEV-1 of 56-70% predicted, but does not meet the criteria for higher ratings due to lack of clinical findings at examination.
The deciding factor: The Veteran's bronchial hyperreactivity asthma did not meet the criteria for a higher evaluation as his FEV-1 was within the range that would warrant a 60 percent rating (56-70% predicted), but he did not have any additional symptoms or findings to support a higher rating.
- Claimed conditions
- bronchial hyperreactivity asthma, panic disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- December 23, 2009
- Citation
- 0948235
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 0948235.
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.
- Remanded (sent back)
The Board has decided to remand the case due to pre-decisional errors in obtaining medical opinions and private treatment records, which are necessary for a proper determination of service connection for panic disorder.
- Remanded (sent back)
The Board has remanded the claims for service connection due to incomplete medical opinions and a need for additional evidence. The Veteran's anxiety and panic disorder are being considered, as well as her personality disorder.
- Granted
The Board has granted service connection for an acquired psychiatric disorder, including conversion disorder with attacks or seizures, unspecified depressive and anxiety disorders. The Veteran's conditions are related to his military service.
- Granted
The Board has granted service connection for a psychiatric disorder, including anxiety and panic disorder, finding that the Veteran's current condition is related to his in-service experiences.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.