The appeal for service connection for asthma was dismissed, and the remaining issues were remanded for further development.
The deciding factor: The Veteran's asthma was already granted in a previous rating decision, so it is no longer on appeal. The other issues require additional medical evidence to be properly adjudicated.
- Claimed conditions
- Asthma, Low back strain, Right patellofemoral syndrome (PFS), Left patellofemoral syndrome, Left hip strain with left hip impairment, Left hip strain with limitation of flexion, Right hip strain with right hip impairment, Right hip strain with limitation of flexion
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 30, 2024
- Citation
- 24004459
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- 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.
- Granted
The Board granted a 30 percent disability rating for asthma from August 23, 2021 to May 14, 2022.
- Partly granted
The Board granted service connection for a heart condition as secondary to the Veteran's service-connected lymphedema and granted an initial 20% rating for a painful and unstable scar on the right mid-shin, effective April 14, 2022. Other claims were remanded.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.