The Veteran's claim for an increased rating of 60 percent for bronchial asthma has been denied. The Board found that his FEV-1 results were not less than 40 percent predicted, and he did not meet the criteria for a 100 percent rating based on his FEV-1 results or attacks with episodes of respiratory failure. His daily use of inhalational bronchodilator therapy was sufficient to warrant a 60 percent rating under DC 6602. The TDIU claim is also remanded due to the need for further development of employment history and SSA records.
The deciding factor: The Veteran's FEV-1 results were not less than 40 percent predicted, which is best contemplated by a 60 percent rating under DC 6602. The Board found his daily use of inhalational bronchodilator therapy sufficient to warrant this rating.
- Claimed conditions
- Bronchial Asthma
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 27, 2019
- Citation
- 19166623
Veterans Law Judge
Decisions by this judge: 439 · Granted: 19% (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 19166623.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's service-connected bronchial asthma is found to have aggravated his pre-existing cardiovascular condition, contributing substantially and materially to his cause of death.
- Granted
The Board has granted service connection for obstructive sleep apnea (OSA) as secondary to the Veteran's service-connected bronchial asthma, resolving reasonable doubt in favor of the Veteran.
- Denied
The Board denied the Veteran's claim for a separate 50 percent disability rating for service-connected obstructive sleep apnea, as it is prohibited by law to assign separate ratings for coexisting respiratory disabilities.
- Denied
The appeal to revise, based on clear and unmistakable error (CUE), an October 2020 rating decision's assignment of a 50 percent disability rating for obstructive sleep apnea with bronchial asthma was denied.
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