The veteran was granted service connection for emphysema due to alpha one antitrypsin deficiency, with an evaluation of 100 percent disabling. The RO found that the disability for which he received OWCP benefits is the same as that for which he received VA compensation, thus creating an overpayment. The case was resolved in favor of the veteran regarding the validity of the indebtedness and waiver.
The deciding factor: The veteran's service-connected emphysema due to alpha one antitrypsin deficiency is the same disability for which he received OWCP benefits, leading to a concurrent receipt issue that was resolved in his favor.
- Claimed conditions
- Congenital homozygous alpha one antitrypsin deficiency, Chronic obstructive pulmonary disease (COPD), Emphysema
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- August 17, 2004
- Citation
- 0422513
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 0422513.
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
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- Denied
The Board denied the Veteran's claim for service connection for cause of death, finding that there is no competent evidence linking any principal or contributory cause of his death to his service.
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