The April 14, 1978 rating decision denied service connection for bronchial asthma due to the presumption that it existed prior to service and was not aggravated by service. The Veteran's representative argued for CUE based on the presumption of soundness, but the Board found no clear and unmistakable error.
The deciding factor: The April 14, 1978 rating decision applied the law at the time, including the presumption of soundness and service aggravation, finding that the Veteran's bronchial asthma existed prior to service and was not aggravated by service.
- Claimed conditions
- bronchial asthma
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 2, 2019
- Citation
- 19100150
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.
- Dismissed
The Board dismissed the claims for service connection for bronchial asthma, bilateral knee strain, and lumbosacral strain due to a procedural defect in docketing.
- Partly granted
The Board granted service connection for bronchial asthma, obstructive sleep apnea (OSA), and a heart disability associated with the appellant's service in the Southwest Asia theater of operations during the Persian Gulf War. The remaining claims were remanded to correct pre-decisional errors.
- Partly granted
The Board denied an increased rating for bipolar and related disorders, but remanded claims for service connection for hypertension, diabetes, diabetic peripheral neuropathy, and asthma.
- Partly granted
The Board granted service connection for right shoulder arthritis and denied service connection for bilateral hearing loss. The remaining claims were remanded to correct a pre-decisional duty to assist error.
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