The Board has determined that the September 14, 1978 rating decision denying service connection for asthma was clearly and unmistakably erroneous. As a result, the claim is granted as if the 1978 decision had never been made.
The deciding factor: The omission of correct facts regarding in-service and post-service diagnoses of asthma led to clear and unmistakable error in the September 14, 1978 rating decision.
- Claimed conditions
- Asthma
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 29, 2010
- Citation
- 1015729
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 1015729.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied service connection for asbestosis, bronchitis, chronic obstructive pulmonary disease (COPD), rhinitis, sinusitis, and asthma. The Veteran's bilateral hearing loss was also denied a compensable rating.
- Partly granted
The Board granted a 40 percent disability rating for bladder cancer in remission with urinary incontinence and denied an increased disability rating in excess of 30 percent for asthma.
- Denied
The Board denied service connection for various disabilities and denied higher ratings for several service-connected conditions.
- Denied
The Board denied the veteran's claims for increased ratings for asthma and unspecified anxiety disorder, finding that the evidence did not support a higher rating.
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