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
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted an increased initial evaluation of 70 percent for PTSD but denied evaluations in excess of 10% for tension headaches and in excess of 30% for IBS, and denied service connection for chronic fatigue syndrome. The claims for additional service connections were remanded.
- Remanded (sent back)
The Board remands the claims for service connection for various disabilities, including a back disability, right and left lower extremity peripheral nerve disabilities, a right foot disability, sleep apnea, bilateral hearing loss, and tinnitus, to correct pre-decisional duty to assist errors.
- Denied
The Board denied the Veteran's appeal for an earlier effective date for a TDIU and remanded several service connection claims.
- Partly granted
The Board granted a 100 percent disability rating for PTSD, NCD, and TBI prior to May 4, 2023, and restored the 10 percent rating for GERD effective June 8, 2023.
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