The Veteran's asthma is granted on a presumptive basis related to burn pit exposure during the Persian Gulf War. Fatigue and an acquired psychiatric disorder other than PTSD are denied, while direct service connection for asthma, gastrointestinal disorder, skin disorder other than PFB, and allergies are remanded.
The deciding factor: The decision grants presumptive service connection for asthma due to burn pit exposure under the PACT Act, but denies fatigue and an acquired psychiatric disorder other than PTSD as they are not separate disabilities from existing conditions. Direct service connection for asthma, gastrointestinal disorder, skin disorder other than PFB, and allergies is remanded.
- Claimed conditions
- Asthma, Fatigue, Acquired psychiatric disorder other than PTSD
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- January 4, 2023
- Citation
- 23000393
Veterans Law Judge
Decisions by this judge: 1,772 · Granted: 37% (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 23000393.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
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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