The Board found that the Veteran's respiratory disability did not warrant a rating in excess of 60 percent prior to April 1, 2008, and that the reduction from 60 percent to noncompensable was proper. The Board also determined that there was no evidence supporting service connection for COPD.
The deciding factor: The decision was based on the lack of medical evidence showing a rating higher than 60 percent prior to April 1, 2008, and the appropriateness of the reduction due to the Veteran's other nonservice-connected respiratory conditions.
- Claimed conditions
- bilateral pleural plaques due to asbestos exposure, chronic obstructive pulmonary disorder (COPD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- February 24, 2009
- Citation
- 0906753
Veterans Law Judge
Decisions by this judge: 2,162 · Granted: 21% (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 0906753.
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 claims for higher ratings for tinnitus, liver disorder (MASLD), and COPD are remanded due to incomplete or inadequate evidence. The claim for service connection is also remanded.
- Whole decision: Remanded (sent back)
The Veteran's claims for increased ratings for asthma, eczematoid dermatitis, and allergic rhinitis are being remanded due to incomplete examination reports and the need for new VA examinations.
- Whole decision: Remanded (sent back)
The Board has granted service connection for metastatic lung cancer and pleural effusion as secondary to service-connected metastatic lung cancer. Service connection is being remanded for COPD, chronic sinusitis, and allergic rhinitis due to the need for additional development.
- Whole decision: Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to insufficient medical opinions and a need for further development. The issues include aortic aneurysm, cerebrovascular small vessel disease, COPD, and emphysema.
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