The Veteran's claims for asthma and obstructive sleep apnea were denied as new and material evidence was not submitted. The claim for diabetes mellitus, type II, was granted with a rating of 100% effective from the date of death.,The claims for neurodegenerative disease (including ALS and PSP) and PTSD/Depression were also granted with a rating of 100%, effective from the date of death.
The deciding factor: New and material evidence was not submitted to reopen the asthma and obstructive sleep apnea claims, as the Veteran's service treatment records did not show any history of these conditions in service. The diabetes mellitus claim was granted based on a legal presumption due to its manifestation within one year of separation from service.,The neurodegenerative disease (including ALS and PSP) and PTSD/Depression claims were granted with a rating of 100% as the Veteran's death occurred shortly after these conditions were diagnosed, meeting the criteria for accrued benefits.
- Claimed conditions
- Asthma, Obstructive Sleep Apnea (now claimed as secondary to asthma), Diabetes Mellitus, Type II, Neurodegenerative Disease (including ALS and PSP), Posttraumatic Stress Disorder (PTSD) and Depression
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- November 15, 2017
- Citation
- 1752351
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 1752351.
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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