The Veteran's appeal for revising the April 2010 rating decision, which increased his service-connected mild persistent asthma from 10% to 30%, is dismissed due to untimely filing of a VA Form 10182 and lack of good cause shown.
The deciding factor: The Veteran's appeal was not timely filed as per the AMA framework, leading to its dismissal.
- Claimed conditions
- mild persistent asthma
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 13, 2024
- Citation
- A24046269
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 A24046269.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Veteran's mild persistent asthma was evaluated at a 30 percent rating based on the results of his pulmonary function tests (PFTs). The Board found that the evidence did not meet the criteria for a higher rating as he did not require systemic corticosteroids, had FEV-1 and FEV-1/FVC above 40 to 55 percent predicted, and did not have more than one attack per week with episodes of respiratory failure or required daily use of systemic (oral or parenteral) high dose corticosteroids or immune suppressive medications.
- Dismissed
The Board has dismissed the appeal of service connection for a low back disability due to the Veteran's withdrawal. The rating for mild persistent asthma remains on appeal and will be remanded.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
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