The Veteran's claim for service connection for asthma was denied in April 1985, and the decision became final. The Veteran did not file a timely appeal or submit new evidence to reopen the claim until September 2014 when they filed a formal claim to reopen service connection for bronchial asthma. As of September 9, 2014, VA granted service connection for asthma with a 60% disability rating.
The deciding factor: The April 1985 denial was final as the Veteran did not file an NOD within one year and no new and material evidence was received during that period. The September 2014 claim to reopen established entitlement to service connection for asthma, leading to its effective date of September 9, 2014.
- Claimed conditions
- Asthma
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- May 24, 2019
- Citation
- 19140405
Veterans Law Judge
Decisions by this judge: 2,200 · Granted: 43% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19140405.
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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