The Board found that the veteran's service-connected asthma with COPD did not meet the criteria for a higher rating prior to May 15, 2008. Beginning on May 15, 2008, the evidence showed symptoms warranting a 100% disability evaluation.
The deciding factor: The veteran's FEV-1 and FEV-1/FVC measurements were consistently above 40 percent of predicted value prior to May 15, 2008. Beginning on that date, his FEV-1 was below 40 percent of predicted value, meeting the criteria for a 100% disability evaluation.
- Claimed conditions
- Bronchial Asthma with Chronic Obstructive Pulmonary Disease (COPD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- November 10, 2008
- Citation
- 0838780
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 0838780.
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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's asthma with COPD is rated at 100 percent effective February 11, 2013. Sleep apnea is found to be secondary to his service-connected asthma and COPD. Erectile dysfunction is not found to be related to or aggravated by the service-connected hypertension.
- Granted
The Veteran's service-connected bronchial asthma with COPD was increased to a 60 percent rating effective January 17, 2007. The Veteran's acquired psychiatric disorder remains in an 'unknown' status as it is not the primary issue being decided.
- Granted
The veteran's bronchial asthma with COPD is currently rated at 30 percent, but the evidence shows that his FEV-1 is less than 40 percent predicted and he requires daily bronchodilator therapy. The Board has determined this warrants a 100 percent rating.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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