The Veteran's appeal for increased ratings for asthma prior to October 30, 2009 and from that date was dismissed. The Board found no evidence of an earlier effective date due to the lack of a claim filed within one year before October 30, 2009.
The deciding factor: The Veteran did not file a formal or informal claim for increased ratings prior to October 30, 2009 and there is no evidence showing an increase in disability severity within one year prior to that date.
- Claimed conditions
- Asthma
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 14, 2016
- Citation
- 1601549
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 1601549.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
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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