The Veteran's claim for compensation under 38 U.S.C. § 1151 for right below the knee amputation was denied as new and material evidence had not been received to reopen the claim. The claims of increased ratings for bilateral pseudophakia, left patella chondromalacia, and bronchial asthma are remanded for further examination and rating considerations. The TDIU issue is also remanded due to its inextricability with the other claims.
The deciding factor: The claim was denied as new and material evidence had not been received to reopen the compensation under 38 U.S.C. § 1151 for right below the knee amputation, which was previously denied without reopening of the claim due to lack of timely NOD filing.
- Claimed conditions
- right below the knee amputation, bilateral pseudophakia, left patella chondromalacia, bronchial asthma
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 29, 2021
- Citation
- 21071052
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 21071052.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's service-connected bronchial asthma does not preclude him from maintaining substantial gainful employment.
- Dismissed
The Veteran's appeal for an increased rating for obstructive sleep apnea and TDIU is dismissed as the issues are already pending in the legacy system, and docketing of the January 2022 NOD was erroneous.
- Remanded (sent back)
The Board has decided that the Veteran's COPD is a separate and distinct condition from his service-connected bronchial asthma, but it is not secondary to or aggravated by his service-connected bronchial asthma. The Board finds an addendum VA medical opinion necessary to properly determine entitlement to service connection.
- Dismissed
The Veteran's claim for earlier effective dates for service connection and DEA benefits is dismissed as there are no controversies or issues before the Board.
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