The appeal for an earlier effective date for the grant of service connection for asthma was denied, as well as appeals for earlier effective dates for the grants of service connection for an acquired psychiatric disorder and sleep apnea with asthma. A 30 percent rating for asthma prior to July 19, 2013, was granted.
The deciding factor: The evidence does not support an effective date prior to March 11, 2010, for the grant of service connection for asthma, and similar findings were made for the acquired psychiatric disorder and sleep apnea with asthma. A 30 percent rating is warranted based on the severity of the Veteran's asthma symptoms.
- Claimed conditions
- Asthma, Acquired psychiatric disorder, Sleep apnea with asthma
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- January 22, 2024
- Citation
- 24003179
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted service connection for an acquired psychiatric disorder, finding a causal relationship between the condition and an in-service incident of military sexual trauma (MST).
- Denied
The Board denied service connection for asbestosis, bronchitis, chronic obstructive pulmonary disease (COPD), rhinitis, sinusitis, and asthma. The Veteran's bilateral hearing loss was also denied a compensable rating.
- Denied
The Board denied service connection for various disabilities and denied higher ratings for several service-connected conditions.
- Remanded (sent back)
The Board has remanded the issue of entitlement to service connection for an acquired psychiatric disorder due to a pre-decisional duty to assist error.
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