The Veteran's service-connected disabilities do not meet the criteria for an extension of the period of eligibility for vocational rehabilitation services due to his ability to overcome employment handicaps and his current capabilities.
The deciding factor: The Veteran has successfully addressed his employment handicap by obtaining a Master's degree in Social Work, which is considered a significant improvement over his previous Bachelor's degree. His service-connected disabilities do not prevent him from performing the duties of his occupation as an addictions counselor.
- Claimed conditions
- Chronic Obstructive Pulmonary Disease (COPD), Arthritis of the Lumbar Spine, Postoperative Cervical Spine Fusion, Left Knee Arthritis with Arthroscopic Surgery, Hiatal Hernia with Gastroesophageal Reflux Disease, Postoperative Spermatocele, Postoperative Scar, Cysts Removal from Neck, Postoperative Scar, Cysts Removal from Back, Postoperative Scar, Cysts Removal from Left Thigh, Postoperative Scar, Cysts Removal from Right Buttock
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- April 13, 2009
- Citation
- 0913688
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 0913688.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has decided to remand the claim of service connection for COPD due to duty-to-assist errors and a need for a supplemental medical opinion.
- Denied
The Veteran's appeal to reduce the ratings for OSA and COPD with asthma and granuloma of the lung was denied, as well as his attempt to add a claim for service connection for aphasia secondary to TBI. The appeals were dismissed due to untimeliness.
- Remanded (sent back)
The Veteran's claim for service connection for COPD is remanded due to a duty to assist error. The Board requests an addendum opinion from a pulmonologist or clinician with appropriate expertise to determine if the Veteran's COPD is etiologically related to his VA conceded TERA exposure, including exposure to TCDD, jet fuel and engine exhaust, hazardous chemicals, lead, vehicle engine exhaust fumes, chemical vapors, oily/hazardous waste, chemical solvents, and compressed gases.
- Denied
The Veteran's COPD was evaluated and found not to meet the criteria for a compensable disability rating based on the provided pulmonary function test results. The Board denied the claim as there is no evidence of service connection or exposure basis that would warrant a higher rating.
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