The Board denied service connection for bullous emphysema and a rating in excess of 10 percent for residuals of spontaneous pneumothorax. The case is being remanded to the RO for further development.
The deciding factor: The appeal was not properly addressed regarding service connection, as it pertained to direct service connection rather than presumptive or secondary conditions.
- Claimed conditions
- bullous emphysema, residuals of spontaneous pneumothorax
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 5, 2004
- Citation
- 0400131
Veterans Law Judge
Decisions by this judge: 2,196 · Granted: 17% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0400131.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's claim for a rating in excess of 60 percent for bullous emphysema was denied as the evidence did not meet the criteria for such a higher rating.,The Veteran's claim for a rating in excess of 30 percent for bilateral posterior synechia; bilateral dry eye syndrome; left eye band keratopathy; and bilateral pseudophakia (previously rated as uveitis) was denied due to lack of incapacitating episodes during the past year.,The Veteran's claim for a compensable rating for hearing loss was denied because his best corrected visual acuity did not meet the criteria for any higher rating.,The Veteran's claim for service connection for erectile dysfunction (ED) was denied as there was no evidence linking ED to his military service.
- Partly granted
The Board granted service connection for squamous cell cancer and denied the claims for an earlier effective date, service connection for implanted cardiac pacemaker, and several other conditions.
- Denied
The Board denied service connection for a lung disease, finding that the Veteran's COPD and emphysema are less likely related to his military service due to his long history of smoking. The decision is based on the VA opinion which considered all relevant evidence.
- Remanded (sent back)
The Veteran's lung disorders, including lung cancer, COPD, pulmonary fibrosis, bullous emphysema, and pulmonary nodules are being remanded for further development due to a duty to assist error.
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