The veteran's empyema, a service-connected condition, is rated at 10 percent. A separate rating of 10 percent for the thoracotomy scar, right axilla, is granted.
The deciding factor: The VA medical evidence did not show that the veteran's lung disability was more severe than the level reflected in his most recent VA compensation examination.
- Claimed conditions
- Empyema
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- January 14, 2000
- Citation
- 0001362
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 0001362.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's residuals of empyema and pneumonia were not caused by VA care, despite the initial misdiagnosis. The Board found that the VA medical opinions provided in July 2019 and November 2020 were inadequate due to an inaccurate factual premise.
- Remanded (sent back)
The Board has ordered a remand to obtain an addendum medical opinion regarding whether the Veteran's empyema was caused by VA's failure to diagnose pneumonia and/or empyema during his treatment in December 2008 and January 2009.
- Remanded (sent back)
The Veteran is seeking compensation under 38 U.S.C. § 1151 for residuals of empyema, claiming that VA's failure to diagnose pneumonia and/or empyema when he sought treatment in December 2008 and January 2009 resulted in additional disability.
- Remanded (sent back)
The Veteran's lung disability, characterized as empyema, is being remanded for a new examination to determine the current nature, extent, and severity of her condition due to incomplete or unacceptable pulmonary function testing (PFT) results.
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