The VA denied an increased rating for the appellant's pulmonary disability, maintaining a 30 percent evaluation since July 23, 1998. The evidence did not support a higher rating based on current levels of lung function and clinical findings.
The deciding factor: The medical evidence showed that the appellant had FEV-1 values above 55% predicted and FEV-1/FVC ratios above 55%, which do not meet the criteria for a 60 percent evaluation under Diagnostic Code 4.97, Table IV (Bronchial Asthma).
- Claimed conditions
- Bronchial Asthma, Restrictive Lung Disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- November 7, 2001
- Citation
- 0126010
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 0126010.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Granted
The Veteran's service-connected bronchial asthma is found to have aggravated his pre-existing cardiovascular condition, contributing substantially and materially to his cause of death.
- Whole decision: Granted
The Board has granted service connection for obstructive sleep apnea (OSA) as secondary to the Veteran's service-connected bronchial asthma, resolving reasonable doubt in favor of the Veteran.
- Whole decision: Granted
The Board has granted service connection for the Veteran's respiratory disorder, specifically Obstructive Sleep Apnea and Restrictive Lung Disease, finding that it is proximately due to his obesity which was caused by his service-connected disabilities.
- Whole decision: Denied
The Board denied the Veteran's claim for a separate 50 percent disability rating for service-connected obstructive sleep apnea, as it is prohibited by law to assign separate ratings for coexisting respiratory disabilities.
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