The Veteran's service-connected left hemidiaphragm paralysis is rated at 60 percent, which meets the criteria for a TDIU. However, his respiratory disability alone does not render him unemployable.
The deciding factor: The VA examiner found that the Veteran is capable of sedentary employment due to his prior work experience as a truck driver and other factors.
- Claimed conditions
- left hemidiaphragm paralysis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- March 26, 2012
- Citation
- 1210978
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. Read the original VA decision (opens in a new tab) using citation 1210978.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Board remands the issue of entitlement to service connection for phrenic nerve paralysis with related left hemidiaphragm paralysis and sleep apnea as secondary to service-connected cervical spine and shoulder disorders due to a pre-decisional duty to assist error.
- Whole decision: Remanded (sent back)
The Board has remanded the claims for service connection for obstructive sleep apnea and a respiratory condition, to include left hemidiaphragm paralysis and a lung condition due to inadequate opinions in previous decisions. The Veteran contends his sleep apnea is related to his service-connected residuals of right peritonsillar abscess and right cervical lymph node excision, as well as his service-connected tinnitus.
- Whole decision: Denied
The Board denied the Veteran's claim for TDIU prior to February 26, 2011, finding that his service-connected disabilities did not render him unable to secure or follow a substantially gainful occupation.
- Whole decision: Denied
The Veteran's claims for service connection for coronary artery disease and peripheral vascular disease of the bilateral lower extremities were denied as there is no medical evidence linking these conditions to his military service.,For the left hemidiaphragm disability, the claim was denied under 38 U.S.C.A. § 1151 because it resulted from treatment provided at a non-VA facility.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.