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 assigned
- 30%
- Decision date
- January 26, 2005
- Citation
- 0501826
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 0501826.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted service connection for gastroesophageal reflux disease, obstructive sleep apnea, and chronic obstructive pulmonary disease but denied service connection for irritable bowel syndrome. The Board also denied an increased rating for the Veteran's service-connected psychiatric condition.
- Granted
The Board granted service connection for emphysema and pulmonary hypertension, finding that the Veteran's emphysema was caused by active service, including participation in a toxic exposure risk activity (TERA), and that his pulmonary hypertension is secondary to his emphysema.
- Partly granted
The Board denied service connection for Parkinson's disease, emphysema, muscle cramps, bilateral shoulder disability, and neck disability. However, it granted service connection for peripheral vascular disease and asthma.
- Denied
The Board denied service connection for COPD, emphysema, a chest wall condition, PTSD, adjustment disorder with mixed anxiety and depressed mood, chronic, a low back condition, TBI, and a chest tumor.
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