A 30 percent rating for asthma is granted, separate from a rating for service-connected obstructive sleep apnea (OSA). The appeals seeking reopening of a prior final denial of service connection for memory loss; service connection for fatigue, bilateral hearing loss, and hernia; increased ratings greater than 10 percent each for right knee strain with patellofemoral pain syndrome and residuals of right fifth metatarsal fracture; and an earlier effective date than May 23, 2018, for the grants of service connection for left and right knee strain with patellofemoral pain syndrome, lumbosacral strain, hypertension, tension headaches, right and left shoulder strain with glenohumeral joint instability, and asthma are dismissed.
The deciding factor: The Veteran's 30 percent rating for asthma is granted as separate from his existing 50 percent rating for sleep apnea. The appeals seeking reopening of a prior final denial of service connection for memory loss; service connection for fatigue, bilateral hearing loss, and hernia; increased ratings greater than 10 percent each for right knee strain with patellofemoral pain syndrome and residuals of right fifth metatarsal fracture; and an earlier effective date than May 23, 2018, for the grants of service connection for left and right knee strain with patellofemoral pain syndrome, lumbosacral strain, hypertension, tension headaches, right and left shoulder strain with glenohumeral joint instability, and asthma are dismissed due to lack of specific error of fact or law in the denials.
- Claimed conditions
- asthma, fatigue, bilateral hearing loss, hernia, PTSD with major depressive disorder (MDD), right shoulder strain with glenohumeral joint instability, left shoulder strain with glenohumeral joint instability, lumbosacral strain, tension headaches, hypertension
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- July 27, 2023
- Citation
- 23041348
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 23041348.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Dismissed
The Veteran's appeal for service connection of bilateral hearing loss and a ruptured right ear drum was dismissed due to the death of the Veteran.
- Remanded (sent back)
The Board has remanded the claims for service connection for hypertension and peripheral neuropathy of the bilateral upper and lower extremities due to insufficient medical opinions regarding their etiology.
- Denied
The Board found that the Veteran's bilateral hearing loss was noted upon entry into active duty service and did not increase in severity during service. Therefore, it denied his claim for service connection.
- Remanded (sent back)
The Board has remanded the claims for bilateral hearing loss, migraine headaches, and PTSD due to additional development of records and examination.
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