The Board has determined that there was clear and unmistakable error in the March 20, 1975 rating decision denying service connection for a bronchial disability. The effective date of service connection is now November 23, 1974.
The deciding factor: The Veteran's original claim for service connection was received within one year of his discharge from active duty and the presumption of soundness applies. However, the March 20, 1975 rating decision incorrectly applied the presumption of soundness without considering whether there was aggravation during service.
- Claimed conditions
- chronic bronchitis, cylindrical bronchiectasis, right upper lobe IGA deficiency
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 19, 2018
- Citation
- 1816714
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 1816714.
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.
- Remanded (sent back)
The Board has decided to remand the case due to a lack of adequate examination and opinion regarding the Veteran's claimed chronic bronchitis. The Veteran is seeking service connection for this condition, which was denied in an initial decision. The VA examiner did not address the medical record indicating a current diagnosis of chronic bronchitis.
- Dismissed
The Board has dismissed the appeals for service connection for depression, Gram Positive Cocci Condition, chronic bronchitis, irritable bowel syndrome, and diseases of Keratinization due to untimely filing of the Decision Review Request.
- Granted
The Board has granted service connection for chronic bronchitis, finding that the Veteran's current condition is related to his active duty service.
- Remanded (sent back)
The Board has denied service connection for chronic bronchitis and remanded the issue of service connection for obstructive sleep apnea due to duty-to-assist errors.
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