My VA Claim for Asthma Was Denied, What Can I Do?

The VA denies many disability claims on the first try and asthma claims are no exception. These denials often happen because of missing evidence, procedural mistakes, or errors in judgment by the VA. The good news is that a denial does not have to be the end of your case. By understanding why claims get denied and what evidence can help, you can improve your chances of success on appeal. 

Why Did VA Deny the Asthma Claim? 

The VA often denies asthma claims because of how it reviews evidence and applies its rules. In some cases, the VA underestimates the seriousness of the condition. In others, the claim is rejected due to technical issues like incomplete files, missing records, or overlooked details. 

These denials usually fall into two broad categories: either the VA decides the proof isn’t strong enough, or the VA makes an error in handling the claim. Knowing this distinction helps veterans understand why their case was denied and what type of evidence or action may be needed to challenge it. 

No Current Diagnosis 

A successful claim requires more than proof you once had asthma. The VA looks for a current, ongoing condition. Even if your asthma was first diagnosed right after service, the VA may deny the claim if it thinks the condition has resolved. To meet VA standards, your diagnosis should be documented within one year of filing your claim and supported by evidence of continued treatment. 

Updated medical records are key. Prescription refills for inhalers, pulmonary function test results, or recent doctor visits all help demonstrate that asthma remains a disabling condition today. Without this type of evidence, the VA may argue the condition no longer exists. 

No C&P Exam 

The Compensation and Pension (C&P) exam is the VA’s official way of assessing your condition. If you miss or refuse this exam, the VA often denies the claim automatically. Even if you have strong private medical records, the VA generally will not process your claim without this exam. If you cannot attend, rescheduling quickly is essential. Otherwise, your claim is usually denied by default. See how much weight C&P exams have (and how to prepare for them). 

Preexisting Condition Without Aggravation 

If the VA concludes that asthma existed before your service, benefits will only be granted if you show the condition permanently worsened while you were in uniform. Temporary flare-ups do not meet the standard for aggravation. For example, if your symptoms increased during basic training but returned to the same baseline afterward, the VA may view that as a short-term issue rather than a service-connected aggravation. 

To qualify, you need medical evidence showing a lasting increase in severity. This could include stronger medications prescribed after service, repeated hospitalizations, or records showing long-term breathing restrictions that did not exist before you joined. The VA looks for clear proof that military service changed the course of your condition in a permanent way. 

Evidence Not Strong Enough 

The VA sometimes agrees that a veteran has asthma but denies benefits because it does not view the medical evidence as strong enough to prove disability. In these cases, the VA often argues that while asthma is diagnosable, it does not significantly interfere with work or daily life. 

Lay evidence such as buddy statements or personal accounts is useful for describing symptoms but rarely enough on its own. Veterans cannot provide medical diagnoses or expert opinions about their condition. The VA places much more weight on objective medical documentation. 

To strengthen a claim, veterans should submit detailed treatment records, pulmonary function test results, and doctor’s notes that describe how asthma affects their ability to breathe, exercise, or work. The more specific the evidence about limitations, the harder it is for the VA to dismiss the claim. 

Not Answering VA’s Requests 

The VA often sends letters asking for additional evidence to support your claim. These requests may include private medical files, copies of service treatment records, or signed authorizations that allow the VA to contact outside providers. If you do not respond, the VA may assume you are no longer pursuing the claim. 

By law, you have up to one year to provide the requested information. If you miss that deadline, the VA may mark the claim as abandoned, which means it will be denied and closed. To avoid this, respond quickly, keep copies of everything you submit, and stay in contact with the VA. Examples of information the VA may request include: 

• Private medical treatment records 
• Service treatment or personnel records 
• Signed authorizations for the VA to collect third-party medical files 
• Additional documentation supporting service connection 

Responding to these requests on time helps keep your claim active and prevents an automatic denial based on technical issues. 

VA Mistakes 

Not every denial happens because of missing evidence. Sometimes the VA makes mistakes in how it processes a claim. These errors can block veterans from proving their case, even when the evidence exists. Under the Veterans Claims Assistance Act (VCAA), the VA has a legal duty to help veterans by gathering relevant records and notifying them of what is needed. If the VA fails to do this, the denial may be challenged as invalid. 

Examples of VA Mistakes

•  Not retrieving service treatment or personnel records 
• Failing to schedule a required Compensation & Pension exam 
• Neglecting to notify the veteran about missing or needed evidence 
• Misfiling or overlooking submitted medical or service records 

When these errors occur, veterans should point them out during an appeal. Showing that the VA failed in its duty to assist can strengthen a case and sometimes even result in the denial being overturned. 

Missing Records 

Service and medical records can sometimes be lost, destroyed, or never transferred correctly. When this happens, the VA may deny the claim, arguing that there is no documented connection between asthma and military service. While this can feel discouraging, veterans are not without options. 

The VA is required to help search for missing records and must consider alternative evidence when records cannot be found. Veterans can submit private treatment records, independent medical opinions, or credible witness statements to fill in the gaps. These forms of evidence can establish service connection even when official files are missing. Learn more about what to do if your VA medical records are missing. 

Case Example 

A veteran had her initial asthma claim denied by the VA Regional Office in Atlanta, Georgia in February 2005 – a decision that became final when she did not appeal. However, new official service records relevant to her respiratory issues were later added to the file in 2011. Because these records existed at the time of the original denial but were not previously considered, the asthma claim was reopened for reconsideration. The VA determined that the evidence was incomplete and required further development:

• Past VA examinations had not adequately address the Veteran’s testimony that her asthma worsened during deployment in Iraq, nor whether it could be linked to her service-connected sarcoidosis, so a new VA examination was ordered. 
• Environmental exposures during Iraq service, such as pollutants, were noted as potential aggravating factors. 
• Conflicting medical evidence existed, with some records attributing breathing problems to sarcoidosis rather than asthma, requiring the collection of any outstanding medical records, including from private providers. 

What Can Help You Win a Previously Denied Asthma Claim 

A denial is not the end of the road. Veterans can strengthen their case by submitting new, credible evidence that directly addresses the VA’s reason for denial. The goal is to show that asthma is both a current condition and one connected to military service. Several types of evidence are especially effective in appeals. 

1. Service Records Proving Exposure 

Your service records can be powerful proof of when and where you were exposed to triggers that caused or worsened asthma. These records help tie your condition directly to your military service. Examples include: 

• Deployment orders to areas with high-risk environmental conditions, such as Iraq, Afghanistan, or Southwest Asia 
• Unit logs showing exposure to dust, sand, smoke, burn pits, or chemical fumes 
• Service treatment records documenting asthma symptoms or treatment during service 
• Hospital visits or issued medications like inhalers or bronchodilators 

Under the PACT Act, asthma is now a presumptive condition for certain Gulf War and post-9/11 veterans exposed to burn pits. If you qualify, you do not need to prove service connection. 

2. Complete Medical Records 

Up-to-date medical documentation is critical because it proves asthma is not just a past diagnosis but a condition that continues to affect you today. The VA wants to see a clear timeline showing that symptoms began in service and have persisted since. Strong medical records help establish this continuity. 

Private Treatment Records 

Notes from private doctors, urgent care visits, or specialists can demonstrate how your asthma has been treated over time. Submitting records from right after discharge is especially persuasive because it shows the condition did not stop once you left service. Medication lists, inhaler prescriptions, and follow-up appointments are all valuable. 

VA Medical Records 

Records from VA facilities often carry extra weight because they come from within the VA’s own system. These may include hospital admissions, specialist consultations, or regular prescription refills. When the VA sees consistent evidence from its own providers, it becomes much harder for them to argue your condition isn’t ongoing or serious enough for compensation. 

3. Independent Medical Opinions 

An Independent Medical Examination can be one of the most effective ways to strengthen an asthma claim that the VA has denied. While the VA relies heavily on its own C&P exams, those exams may not always capture the full scope of your condition or its connection to service. An IME offers a second, unbiased opinion from a qualified private doctor, and is helpful in several ways: 

• Clear Service Connection: A private physician can directly explain how your asthma was caused or aggravated by military exposures such as dust, burn pits, or chemicals. 
• Objective Review: IMEs provide evidence that can correct or challenge an incomplete or inaccurate VA exam. 
• Detailed Medical Reports: Doctors conducting IMEs often provide thorough reports with testing and explanations, making it harder for the VA to dismiss the findings. 
• Appeal Support: IMEs create strong new evidence to submit during a decision review or higher-level appeal, giving your case a better chance of success. 

By adding an IME, veterans show the VA that another medical professional supports their claim with credible documentation. Learn more about the benefits of independent medical opinions. 

4. Credible Witness Statements 

While medical evidence carries the most weight, credible witness statements can help fill in important gaps and give the VA a clearer picture of how asthma affects daily life. These statements add context, confirm the timeline of symptoms, and provide details that medical records alone may not show. Types of helpful statements include: 

• Buddy Statements: Fellow service members can describe times they saw you coughing, wheezing, or using an inhaler during training or deployment. Their testimony can also confirm exposure to smoke, dust, or chemicals. 
• Family Testimony: Relatives often notice daily struggles, such as frequent coughing, sleepless nights, or needing to avoid certain activities. These observations can show the long-term effects of asthma after service. 
• Supervisor or Employer Accounts: Statements from people in authority can document work restrictions, missed duties, or job limitations caused by breathing problems. 

Together, these accounts help the VA see that asthma has a real and ongoing impact, even if some official records are missing or incomplete. While not a replacement for medical evidence, these statements make the overall case stronger by adding human detail to the file. 

How to Appeal a Denied VA Claim 

If the VA denies your asthma claim, you still have the right to appeal. An appeal gives you the chance to correct errors, add new evidence, and argue why the VA’s decision was wrong. Many veterans succeed on appeal, especially when the denial happened because of missing records, overlooked details, or a misunderstanding of the medical evidence. 

The appeals process can move through several stages, starting with a decision review and possibly reaching the Board of Veterans’ Appeals or even higher courts. Each stage allows you to present new information that addresses the VA’s reasons for denial. This is why appeals are often stronger than the original claim: veterans know exactly what evidence they need to add or clarify. Many denials can be overturned once the right medical records, service documentation, or expert opinions are added to the file. 

Having the Right Advocate Matters 

An experienced VA disability lawyer knows how the system works and often makes a big difference in the outcome of a case. A lawyer can review the denial, explain why it happened, and gather the evidence needed to challenge the decision. They prepare written arguments, ensure deadlines are met, and represent you in hearings if necessary.  

At Hill & Ponton, we specialize in winning appeals for previously denied claims, with a 96% success rate. We work on a contingency basis, which means we only receive payment if the appeal is successful and back pay is awarded. You keep all of your monthly benefits and future compensation. This allows us to focus entirely on securing your rightful benefits, at no risk to you. Get a free case evaluation to see how we can help you.