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. Look up the original decision on VA.gov (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.
- 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.
- Denied
The Board denied service connection for posttraumatic stress disorder and chronic obstructive pulmonary disease, finding no current disability and insufficient evidence of an in-service event or exposure.
- Partly granted
The Board granted service connection for diabetes mellitus type 2, a heart condition as secondary to hypertension, and lower extremity vascular disability as secondary to diabetes mellitus type 2. The claims for peripheral neuropathy in all four extremities and amputation of toes were also granted as secondary to diabetes mellitus type 2. However, the claims for a neck condition, COPD, gall bladder removal, and chronic kidney disease were denied.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.