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Board of Veterans' Appeals · Legacy series

New and material evidence having been received, the claim of entitlement to service connection for asthma is reopened.

January 30, 2026Citation Nr. 26001465Docket 20-29 594va.gov source

  • AsthmaGranted
  • Lumbar disorderGranted
  • Cervical disorderGranted
  • Acquired psychiatric disorder (anxiety, depression, PTSD)Granted
  • Bilateral foot disorderGranted
  • CTS, right upper extremityGranted

Board reasoning

The Board reopened and granted several claims based on new and material evidence, determining an in-service event or current disability for the listed conditions, and remanded others for examinations. The decision relies on multiple theories of entitlement (direct and secondary) and cites recent private and VA opinions supporting nexus for knees, back, and knees, while ordering examinations to assess asthma, cervical disorders, psychiatric disorders, sleep apnea, feet, and CTS. The Board discusses finality of prior denials and uses new evidence (including July 2024 testimony) to substantiate reopening and service-connection findings, with remands for McLendon-compliant examinations to complete the record.

Issues

  • AsthmaGranted
  • Lumbar disorderGranted
  • Cervical disorderGranted
  • Acquired psychiatric disorder (anxiety, depression, PTSD)Granted
  • Bilateral foot disorderGranted
  • CTS, right upper extremityGranted

Authorities

  • Shade v. Shinseki, 24 Vet. App. 110 (2011)Used to justify reopening based on new and material evidence.
  • Holton v. Shinseki, 557 F.3d 1363Part of the Walker/Holton nexus framework.
  • Shedden v. Principi, 381 F.3d 1163Cited for nexus considerations.
  • McLendon v. Nicholson, 20 Vet. App. 79 (2006)Requires examination when evidence suggests current disability and possible in-service event.
  • King v. Shinseki, 23 Vet. App. 464 (2010)General rule about finality and new evidence.

Extracted with gpt-5-nano-2025-08-07. Citations are kept only when they appear in the decision text.