The Board has dismissed the claim of service connection for asthma as it was granted in an October 2022 rating decision. The claims for right and left ankle disabilities are remanded due to insufficient rationale provided by the VA examiner.
The deciding factor: The grant of service connection for asthma in the October 2022 rating decision is considered a full grant of benefits sought, making the appeal moot.
- Claimed conditions
- asthma, right ankle disability, left ankle disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 6, 2023
- Citation
- 23001059
Veterans Law Judge
Decisions by this judge: 2,240 · Granted: 28% (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 23001059.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has expanded the scope of the claim to include any mental health disorder raised by the record and has remanded for additional development regarding service connection for left leg, ankle, and psychiatric disabilities.
- Denied
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.
- 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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