The Veteran's claim for revision in the evaluation of asthmatic bronchitis and discontinuance of a total disability rating based on individual unemployability (TDIU) is dismissed due to improper pleading.
The deciding factor: The Veteran did not specify the date of the RO or Board decision being challenged, nor provided clear and specific reasons for the alleged CUE.
- Claimed conditions
- asthmatic bronchitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 29, 2019
- Citation
- 19106770
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Dismissed
The appeal for an increased disability rating for asthmatic bronchitis was withdrawn by the Veteran, and the Board has no jurisdiction to review this matter.
- Denied
The Board denied service connection for tinea pedis, left wrist disability, asthmatic bronchitis, and gastroesophageal reflux disease (GERD) as the evidence did not support a finding of a causal relationship between these conditions and the Veteran's active duty service.
- Partly granted
The Veteran is granted a 30 percent disability rating for his service-connected asthmatic bronchitis from August 24, 2014.
- Partly granted
The Board granted restoration of the 40 percent disability rating for lumbar spine degenerative disk disease with thoracic spine strain and the 10 percent disability rating for asthmatic bronchitis, but remanded claims for increased ratings in excess of 40 percent for lumbar spine degenerative disk disease, 10 percent for asthmatic bronchitis, 20 percent for cervical spine degenerative disc disease, and 20 percent for right lower extremity radiculopathy.
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