The Veteran's appeal for a higher rating for asthma with COPD was denied due to the untimely filing of his VA Form 9. The Board also found that there is no earlier effective date prior to August 12, 2015, for the grant of a 60 percent rating.
The deciding factor: The Veteran's appeal was denied because he did not file a timely substantive appeal within the required timeframe and due to the lack of an earlier pending unadjudicated claim. The effective date for the 60 percent rating was set at August 12, 2015, based on the earliest date FEV-1 is from 40 to 55 percent predicted value.
- Claimed conditions
- Asthma, Chronic Obstructive Pulmonary Disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- November 3, 2022
- Citation
- 22061809
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 22061809.
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.
- Denied
The Veteran's asthma is currently rated as 10 percent disabling, and the Board finds that this rating adequately compensates his service-connected condition.
- 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.
- Granted
The Veteran's service-connected disabilities, including PTSD, asthma, and foot conditions, rendered him unable to secure or follow a substantially gainful occupation consistent with his education and work history throughout the appeal period.
- Remanded (sent back)
The Board has decided to remand several cases related to the Veteran's PTSD, asthma, and other conditions. The issues include increased disability ratings for PTSD and asthma, as well as effective date determinations.
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