The Board found that the September 1996 rating decision denying service connection for asthma did not contain clear and unmistakable error, thus no earlier effective date is warranted. The Veteran's claim of entitlement to an initial disability rating in excess of 30 percent for asthma from October 3, 2006 to January 28, 2009 was denied, as the criteria were not met at any time during that period. The Veteran's claim of entitlement to a disability rating in excess of 60 percent for asthma since January 28, 2009 was also denied.
The deciding factor: The September 1996 rating decision did not contain CUE and the criteria for an earlier effective date were not met.
- Claimed conditions
- Asthma
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 23, 2014
- Citation
- 1428223
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 1428223.
What this means for you
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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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