The Veteran's asthma and right lumbar radiculopathy ratings were reduced, but the reductions were not proper. The 30% rating for asthma and the 20% rating for right lumbar radiculopathy have been reinstated.,The issue of service connection for neck strain with degenerative changes was dismissed as moot.
The deciding factor: The reduction in ratings was not proper because there was no actual improvement in the Veteran's ability to function under ordinary conditions of life and work, despite some improvement in pulmonary function tests (PFTs).,There is no evidence showing that the Veteran's asthma required monthly visits to a physician for required care of exacerbations or intermittent courses of systemic corticosteroids.
- Claimed conditions
- Asthma, Right Lumbar Radiculopathy, Neck Strain with Degenerative Changes
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- July 25, 2024
- Citation
- A24040899
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 A24040899.
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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