The Board denied the Veteran's claims for service connection for bronchial asthma and a lung disorder other than bronchial asthma, finding that there was clear and unmistakable evidence that these conditions preexisted service. The VA examiner concluded that any increase in symptoms during service did not constitute permanent aggravation.
The deciding factor: The VA examiner found no clear and unmistakable evidence of permanent aggravation by service of the Veteran's preexisting bronchial asthma and lung disorder other than bronchial asthma.
- Claimed conditions
- Bronchial Asthma, Lung Disorder (other than bronchial asthma)
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 28, 2016
- Citation
- 1648265
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 1648265.
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.
- Granted
The Veteran's service-connected bronchial asthma is found to have aggravated his pre-existing cardiovascular condition, contributing substantially and materially to his cause of death.
- Granted
The Board has granted service connection for obstructive sleep apnea (OSA) as secondary to the Veteran's service-connected bronchial asthma, resolving reasonable doubt in favor of the Veteran.
- Denied
The Board denied the Veteran's claim for a separate 50 percent disability rating for service-connected obstructive sleep apnea, as it is prohibited by law to assign separate ratings for coexisting respiratory disabilities.
- Denied
The appeal to revise, based on clear and unmistakable error (CUE), an October 2020 rating decision's assignment of a 50 percent disability rating for obstructive sleep apnea with bronchial asthma was denied.
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.