The Veteran's service-connected restrictive lung disease and post-operative thoracotomy scars of the right chest do not warrant higher disability ratings, with the exception that his post-operative thoracotomy scars are currently rated as noncompensable. The Veteran's TDIU claim is also denied.
The deciding factor: The medical evidence does not show any worsening in the severity of the Veteran's service-connected conditions since the last VA examination in September 2011, and therefore a new examination was not required to decide these claims.
- Claimed conditions
- Restrictive Lung Disease, Post-operative Thoracotomy Scars, Right Chest
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- July 8, 2013
- Citation
- 1321793
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 1321793.
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.
- Granted
The Board has granted service connection for the Veteran's respiratory disorder, specifically Obstructive Sleep Apnea and Restrictive Lung Disease, finding that it is proximately due to his obesity which was caused by his service-connected disabilities.
- Remanded (sent back)
The Board has remanded the case due to errors in obtaining necessary medical opinions and VA treatment records, as well as potential exposure to burn pits during service. The Veteran's respiratory disabilities are presumed related to his service in Southwest Asia under the PACT Act.
- Granted
The Veteran's death was caused by his service-connected diabetes, which contributed to the development of restrictive lung disease. The Board has granted service connection for the cause of the Veteran's death.
- Denied
The Board denied the Veteran's claims of service connection for a right knee disability, restrictive lung disease, and diabetes mellitus. The Board found no evidence to support these conditions as being related to active service.
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