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.
The deciding factor: The RO found CUE in the June 4, 2001 rating decision which assigned separate ratings for bronchial asthma and sleep apnea, resulting in a reduction of the Veteran's combined evaluation from 70 percent to 60 percent effective May 1, 2014.
- Claimed conditions
- Bronchial Asthma, Sleep Apnea
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- January 16, 2020
- Citation
- 20003875
Veterans Law Judge
Decisions by this judge: 2,374 · 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 20003875.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
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The Board denied service connection for sleep apnea, finding that the evidence did not support a link between the condition and service.
- Denied
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- 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.
- Denied
The Veteran's appeal for increased ratings and service connection claims have been denied. The Board found that the evidence did not support a higher rating for PTSD, denied service connection for CFS, mast cell activation syndrome, and sleep apnea as secondary to PTSD, and remanded TDIU.
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