The reduction of the 60 percent rating to 30 percent for asthma based on clear and unmistakable error (CUE) was proper, and restoration of the 60 percent rating is denied.
The deciding factor: The October 2015 rating decision was clearly and unmistakably erroneous in assigning a 60 percent rating for asthma effective March 16, 2015, as post-bronchodilator results should have been applied instead of pre-bronchodilator results.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 12, 2025
- Citation
- A25042573
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
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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.