The Veteran's appeal for an initial rating in excess of 60 percent for asthma is dismissed. A rating of 40 percent, but no higher, is granted for fibromyalgia throughout the entire appeal period.
The deciding factor: The Veteran explicitly withdrew her appeal for an initial rating in excess of 60 percent for asthma at a hearing before the Board of Veterans' Appeals.
- Claimed conditions
- {"condition_name":"Asthma"}, {"condition_name":"Fibromyalgia"}, {"condition_name":"Gastrointestinal Disorder (claimed as esophagitis)"}, {"condition_name":"Temporomandibular Joint (TMJ) Disorder"}
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- November 26, 2019
- Citation
- 19188931
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 19188931.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
- Remanded (sent back)
The Board remands the claim for a rating in excess of 70 percent for PTSD due to an inadequate medical opinion.
- Granted
The Board granted service connection for myasthenia gravis based on the Veteran's exposure to hazardous substances during his military service.
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