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 assigned
- None in this 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 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 0906753.
What this means for you
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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.
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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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