The Veteran's appeal of the AOJ's October 5, 2021 rejection of his VA Form 20-0996 for asthma on a presumptive basis was denied. The AOJ did not err in rejecting the form because it was not timely submitted.
The deciding factor: The AOJ rejected the Veteran's VA Form 20-0996 as untimely submitted, and thus did not have jurisdiction to address the merits of his claim for service connection on a presumptive basis.
- Claimed conditions
- asthma, sinusitis, rhinitis
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 30, 2021
- Citation
- A21020664
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 A21020664.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
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The Veteran's respiratory disability, including asthma and COPD, is denied as service connection is not warranted due to the condition being solely attributed to smoking.
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The Veteran's rhinitis and gastric ulcer with hiatal hernia were evaluated, but the Board found that neither condition warranted a higher rating.,For rhinitis, the evidence did not show greater than 50 percent obstruction of both nasal passages or complete obstruction on one side. For gastric ulcer with hiatal hernia, symptoms were described as infrequent and mild.
- Remanded (sent back)
The Board has decided to remand the cases of sleep apnea and asthma due to a failure to provide proper notice for a hearing.
- Dismissed
The Veteran's appeals for service connection for asthma and a 10 percent rating based on multiple noncompensable service-connected disabilities were dismissed. The claim of entitlement to a compensable rating for eczema was denied, while the claim of entitlement to allergic rhinitis was not addressed as it pertained to different issues.
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