The VA has denied an increased rating for the veteran's service-connected bronchial asthma, emphysema, and bronchitis as his disability does not meet the criteria for a higher rating under any applicable diagnostic code.
The deciding factor: The clinical data from recent pulmonary function tests do not warrant a higher rating due to the current level of severity falling within the criteria for a 30 percent rating.
- Claimed conditions
- Bronchial asthma, Emphysema, Bronchitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- May 18, 2006
- Citation
- 0614522
Veterans Law Judge
Decisions by this judge: 407 · Granted: 23% (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 0614522.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's bronchial asthma has been rated at 30% since January 7, 2004. The Board has now granted a 60% rating effective from November 14, 2024, based on the evidence showing FEV-1/FVC of 40 to 55 percent during the appeal period.
- Granted
The Veteran was granted a TDIU with a September 19, 2024 effective date based on his PTSD, emphysema, and COPD symptoms. His diabetes, tinnitus, and left ear hearing loss were not found to prevent him from securing or following a substantially gainful occupation prior to March 19, 2024.
- Granted
The Board has determined that the Veteran's COPD is etiologically related to service exposure to herbicide agents, and thus grants service connection for COPD.
- Denied
The Veteran's cause of death was listed as emphysema, but the Board found no causal connection to service or a service-connected disability. The Veteran did not meet the criteria for DIC benefits under 38 U.S.C. § 1318.
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