The Board has reopened the Veteran's claim for service connection for asthma, emphysema, and COPD. The evidence presented since the last denial shows that these conditions may have preexisted service but were aggravated by active duty. However, there is no clear and unmistakable evidence to rebut this presumption of aggravation.
The deciding factor: The VHA opinion supports a finding that asthma was incurred in service due to its exacerbation during active duty. The Board finds the Veteran's claim for emphysema and COPD to be more complex as it involves an analysis under 38 C.F.R. § 3.156(a) regarding aggravation of pre-existing conditions.
- Claimed conditions
- Asthma, Emphysema, Chronic Obstructive Pulmonary Disease (COPD)
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 26, 2011
- Citation
- 1135939
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 1135939.
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.
- Denied
The Veteran's asthma is currently rated as 10 percent disabling, and the Board finds that this rating adequately compensates his service-connected condition.
- Partly granted
The Veteran's asthma is currently rated at 30 percent, and the Board finds that a higher rating is not warranted.,The Veteran's sleep apnea claim has been remanded due to duty-to-assist errors.
- Granted
The Veteran's service-connected disabilities, including PTSD, asthma, and foot conditions, rendered him unable to secure or follow a substantially gainful occupation consistent with his education and work history throughout the appeal period.
- 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.
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