The Board denied the Veteran's claim for an earlier effective date for the grant of service connection for bronchial asthma, finding that August 5, 2021 is the appropriate effective date.
The deciding factor: The decision was based on the fact that the Veteran filed her current service connection claim within one year following the change in law and did not have any pending service connection claim at the time of the change in law.
- Claimed conditions
- bronchial asthma
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Gulf War
- Rating assigned
- None in this decision
- Decision date
- October 31, 2024
- Citation
- A24070723
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Board dismissed the claims for service connection for bronchial asthma, bilateral knee strain, and lumbosacral strain due to a procedural defect in docketing.
- Partly granted
The Board granted service connection for bronchial asthma, obstructive sleep apnea (OSA), and a heart disability associated with the appellant's service in the Southwest Asia theater of operations during the Persian Gulf War. The remaining claims were remanded to correct pre-decisional errors.
- Partly granted
The Board denied an increased rating for bipolar and related disorders, but remanded claims for service connection for hypertension, diabetes, diabetic peripheral neuropathy, and asthma.
- Partly granted
The Board granted service connection for right shoulder arthritis and denied service connection for bilateral hearing loss. The remaining claims were remanded to correct a pre-decisional duty to assist error.
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