The Board found that the August 1993 RO rating decision was not clearly and unmistakably erroneous in not granting a rating in excess of 20 percent for a left pneumothorax. The Veteran's claim for CUE in subsequent ratings is addressed, but the specific details are not provided.
The deciding factor: The evidence at the time of the August 1993 RO rating decision did not demonstrate symptoms such as thickened pleura, restricted expansion of the lower chest, compensating contralateral emphysema, deformity of the chest, scoliosis, or hemoptysis at intervals, which were required for a rating in excess of 20 percent.
- Claimed conditions
- Pneumothorax, Traumatic chest wall defect
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- September 16, 2011
- Citation
- 1134830
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 1134830.
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 Board has granted service connection for the cause of the Veteran's death, finding that his pulmonary fibrosis was at least as likely as not related to his presumed in-service exposure to herbicide agents (Agent Orange). The decision also considers whether his service-connected diabetes mellitus contributed to his lung conditions.
- Remanded (sent back)
The Veteran's cause of death is remanded due to the need for additional medical opinions and VA treatment records.
- Partly granted
The Veteran's request to reopen his claim for service connection for residuals of pneumothorax has been granted. The initial rating for PTSD before October 29, 2020 remains denied.
- Denied
The Veteran's petition to reopen his previously denied claim for service connection for COPD as secondary to service-connected pneumothorax residuals is denied.
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