The veteran's request for a higher rating for emphysema and his claim for a total disability rating based on individual unemployability were both denied. The VA found that the veteran did not meet the threshold requirements for a total rating based on individual unemployability, but also noted that he was unable to secure and follow substantially gainful employment due to his service-connected disabilities.
The deciding factor: The veteran's respiratory disability is rated at 30 percent under the schedular criteria, which does not meet the percentage threshold requirements for a total rating based on individual unemployability. However, the VA found that he was unable to secure and follow substantially gainful employment due to his service-connected disabilities.
- Claimed conditions
- emphysema, chronic obstructive pulmonary disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- January 26, 2005
- Citation
- 0501826
Veterans Law Judge
Decisions by this judge: 1,464 · Granted: 14% (granted or partly granted, in the indexed 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. Search VA.gov for the original decision (opens in a new tab) using citation 0501826.
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: Remanded (sent back)
The Veteran's lung condition, including pneumonia residuals, COPD, and emphysema, is remanded for further examination to determine if they are related to his military service. The appeal is reopened based on new evidence.
- Whole decision: Dismissed
The appeal seeking readjudication of the previously denied claim for PTSD and multiple other conditions is dismissed due to a procedural defect. The Veteran's authorized representative at the time the appeal was submitted did not have the authority to file the appeal.
- Whole decision: Denied
The Board has denied service connection for sleep apnea, diabetes mellitus, emphysema, and prostate cancer as the evidence does not support a finding that these conditions began during active service or are otherwise related to an in-service injury, event, or disease.
- Whole decision: Remanded (sent back)
The Board has determined that the Veteran's claim for service connection for a respiratory condition, including COPD with emphysema (claimed as lung condition due to exposure of asbestos due to MOS), is remanded. The VA will provide an examination and obtain medical opinions regarding whether any diagnosed respiratory conditions are related to military service, particularly given the Veteran's in-service exposure to asbestos.
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