The Veteran's increased ratings for COPD, laryngitis, actinic keratosis, and squamous cell carcinoma have been denied by the Board of Veterans' Appeals.
The deciding factor: The medical evidence did not show that the Veteran met the criteria for a higher rating under Diagnostic Codes 6602 or 6604 for COPD since July 22, 2009. The preponderance of the evidence supported the current ratings assigned.
- Claimed conditions
- Chronic Obstructive Pulmonary Disorder (COPD), Bronchial Asthma
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- July 23, 2010
- Citation
- 1027560
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 1027560.
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 remands the claim for an initial compensable evaluation of service-connected COPD to ensure a proper medical examination is conducted.
- Partly granted
The Veteran's service-connected physical and mental health disabilities prevent him from obtaining and maintaining substantially gainful employment, thus a TDIU is granted. However, the Veteran's claim for service connection for surgical back issues was denied.
- Denied
The Board denied the Veteran's claim for a separate 50 percent disability rating for service-connected obstructive sleep apnea, as it is prohibited by law to assign separate ratings for coexisting respiratory disabilities.
- Denied
The appeal to revise, based on clear and unmistakable error (CUE), an October 2020 rating decision's assignment of a 50 percent disability rating for obstructive sleep apnea with bronchial asthma was denied.
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