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
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.
- 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.
- Remanded (sent back)
The Board has reopened the Veteran's claim for service connection for bilateral hearing loss due to new and material evidence. The issues of entitlement to service connection for a back disability, bronchial asthma, and an earlier effective date for bronchial asthma are remanded for further development.
- Denied
The Veteran's claim for a restoration of the 30 percent rating for bronchial asthma was denied due to clear and unmistakable error (CUE) in the June 4, 2001 rating decision. The TDIU claim is remanded as additional evidence has been submitted.
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