The Veteran's claim for a total disability rating based on individual unemployability due to service-connected bilateral spontaneous pneumothorax was denied as his service-connected disability did not render him unable to secure and follow substantially gainful employment.
The deciding factor: The VA examiner found that the Veteran is capable of sedentary but not physical employment, which does not meet the criteria for TDIU based on unemployability due to a service-connected disability.
- Claimed conditions
- bilateral spontaneous pneumothorax
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- June 4, 2012
- Citation
- 1219562
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 1219562.
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: Granted
For the period prior to October 3, 2022, a 30 percent evaluation for bilateral spontaneous pneumothorax is granted. For the period from October 3, 2022, no higher than 30 percent evaluation is granted.
- Whole decision: Dismissed
The Veteran's appeal for an increased evaluation in excess of 10 percent for bilateral spontaneous pneumothorax has been dismissed due to the appellant's death.
- Whole decision: Remanded (sent back)
The Board has decided that the Veteran's sleep apnea may be related to his military service and is not due to his service-connected bilateral spontaneous pneumothorax. The case is being sent back for further development.
- Whole decision: Dismissed
The Board dismissed the claim of service connection for eczema due to the Veteran's withdrawal. The remaining issues on appeal are remanded.
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