The Veteran's service-connected asthma is not considered a permanent and total disability, nor does it meet the criteria for specially adapted housing or special home adaptation due to inhalation injuries during Vietnam.
The deciding factor: The Veteran’s bronchial asthma has been consistently rated at 60 percent disabling since September 1985 and does not qualify as a permanent and total disability.
- Claimed conditions
- post-traumatic stress disorder, bronchial asthma, residuals of a shell fragment wound to the left knee, peripheral aneurysm of the left upper thigh, tinnitus, hypertensive vascular disease, paralysis of the 5th cranial nerve, degenerative arthritis of the lumbar spine, residuals of a left foot injury, residuals of a right foot injury, right eye corneal scars, high frequency hearing loss, tympanic membrane perforation, hemorrhoids, erectile dysfunction, left knee scar
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 30, 2019
- Citation
- 19107215
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.
- Remanded (sent back)
The Board remands the claim for service connection for tinnitus to correct a duty to assist error, as the Veteran's lay statements regarding onset and continuity of symptoms were not adequately considered in the previous decision.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Denied
The Board denied service connection for tinnitus, cubital tunnel syndrome, right plantar fasciitis, and a right knee disability due to the lack of evidence supporting a nexus between these conditions and the Veteran's military service.
- Granted
The Board granted an effective date of April 25, 2022, for the award of service connection for tinnitus and a 100 percent initial rating for PTSD with alcohol use disorder.
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