The veteran's disabilities, including moderate obstructive and mild restrictive lung disease and stage 1 hypertension, do not render him unemployable or permanently and totally disabled for the purpose of nonservice-connected pension benefits.
The deciding factor: The veteran is still employed as a farm laborer and tractor driver, and his combined disability rating does not meet the criteria for permanent and total disability for pension purposes.
- Claimed conditions
- mild restrictive lung disease, moderate obstructive lung disease, stage 1 hypertension
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 10, 2008
- Citation
- 0811893
Veterans Law Judge
Decisions by this judge: 2,645 · Granted: 19% (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 0811893.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The appeal as to the reduction in the rating of mild restrictive lung disease from 10 percent to noncompensable effective February 19, 2022 is dismissed.,An initial disability rating in excess of 10 percent for painful scars associated with gallbladder removal with IBS is denied. The Veteran's claim was already pending and the appeal is not considered valid as it does not meet the criteria for an effective date earlier than October 22, 2021.,The Veteran's claim for a disability rating in excess of 10 percent for painful scars associated with gallbladder removal with IBS is denied. The scars are not both painful and unstable and do not cover an area of at least 144 square inches (929 square centimeters).,The Veteran's claim for a disability rating in excess of 100 percent for schizophrenia, paranoid type, is denied as the Veteran has been assigned the maximum disability rating allowed under Diagnostic Code 9201.
- Dismissed
The veteran withdrew his appeal for a compensable disability rating for mild restrictive lung disease, and the Board dismissed the case.
- Remanded (sent back)
The appeal for service connection of left knee arthritis, claimed as secondary to a service-connected right knee disability, is remanded due to inconsistencies in the medical report. The Board needs clarification on the Veteran's military history and the correct factual premises.
- Granted
Service connection for emphysema and mild restrictive lung disease is granted due to exposure to burn pits during service in Vietnam.
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