The Board has determined that the veteran's service-connected gunshot wound residuals contributed substantially or materially to his death, resulting in respiratory failure and pneumonia.
The deciding factor: The VA physician who examined the veteran in July 1993 concluded there was no relationship between the service-connected gunshot wound residuals and lung conditions such as emphysema, bronchitis, lung abscess, and pulmonary tuberculosis. However, a later opinion from the veteran's principal treating physician indicated that his respiratory problems were associated with the wounds he sustained in service.
- Claimed conditions
- Pneumonia, Respiratory Failure, Chronic Obstructive Pulmonary Disease (COPD), Malnutrition, Pulmonary Tuberculosis
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- July 2, 2002
- Citation
- 0207240
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 0207240.
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 Board denied service connection for asbestosis, bronchitis, chronic obstructive pulmonary disease (COPD), rhinitis, sinusitis, and asthma. The Veteran's bilateral hearing loss was also denied a compensable rating.
- Remanded (sent back)
The Board remands the claims for additional development, including obtaining a new examination and further developing evidence related to toxic exposure during service.
- Remanded (sent back)
The Board remands the claim for an initial rating in excess of 50 percent for obstructive sleep apnea (OSA) to include chronic obstructive pulmonary disease (COPD), as a pre-decisional duty to assist error was found regarding the Veteran's COPD, and he needs an appropriate VA examination.
- Partly granted
The Board granted service connection for COPD as secondary to diabetes and denied increased ratings for peripheral neuropathy conditions, while dismissing claims related to upper extremity neuropathy.
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