The Board denied the veteran's claim for non-service-connected pension benefits, finding that his disabilities did not permanently prevent him from engaging in substantially gainful employment.
The deciding factor: The VA medical records showed that the veteran had a history of respiratory issues including pneumonia and lobectomy. However, his pulmonary function tests were normal on examination, leading to an appropriate rating of 30% under old criteria for post-surgical residual conditions.
- Claimed conditions
- Cryptococcal pneumonia, Left upper lobectomy for pneumonia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- February 9, 2000
- Citation
- 0003246
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 0003246.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's history of cryptococcal pneumonia, resolved without recurrences, and scarring shown on chest x-ray, is rated as a compensable disability under the criteria for interstitial lung disease or restrictive lung disease. The Veteran meets the criteria for a 10 percent rating based on FEV-1/FVC percentages.
- Denied
The Board found that the cause of death was not service-connected, as none of the listed conditions were shown to be related to military service or pre-service conditions.
- Remanded (sent back)
The Board has ordered a remand to determine if the Veteran had additional periods of service and/or service in Vietnam, as he died from causes related to Agent Orange exposure. The appeal is currently on hold until further action can be taken.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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