The Board denied an increased rating for chronic obstructive pulmonary disease and dismissed the claim for an earlier effective date for a total disability rating based on individual unemployability.
The deciding factor: The veteran's service-connected chronic obstructive pulmonary disease did not meet the criteria for a higher evaluation under the applicable VA rating criteria. The RO assigned a 10 percent evaluation, which is the highest rating available under the old and new rating criteria in effect at the time of the decision. As the veteran was already receiving a 100 percent schedular evaluation effective from September 1, 1991 (the day following his retirement), any earlier effective date for individual unemployability benefits would not be warranted.
- Claimed conditions
- Chronic obstructive pulmonary disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- February 8, 2000
- Citation
- 0003188
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. Search VA.gov for the original decision (opens in a new tab) using citation 0003188.
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.
- Remanded (sent back)
The Veteran's death was caused by acute hypoxic respiratory failure and chronic obstructive pulmonary disease, with hypertension as a significant contributing factor. The Board finds that remand is necessary to obtain the Veteran's complete military records and treatment records.
- Dismissed
Your appeal for service connection of chronic obstructive pulmonary disease has been dismissed due to the Veteran's death. The Board cannot issue a decision on this claim as it is no longer pending.
- Denied
The Board denied the claim for service connection for the cause of the Veteran's death, as none of the listed causes were related to his period of active duty or presumed exposure to herbicides.
- Granted
The Board granted service connection for multiple disabilities, including thoracolumbar spine disability, bilateral knee and hip disabilities, heart disease, erectile dysfunction, COPD, and denied an initial rating higher than 50 percent for MDD with GAD.
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