The Board finds that the preponderance of the evidence supports an effective date for the Veteran's 100 percent rating for his aspergillosis to be June 27, 2007, the date of the diagnosis of chronic recurrent hemoptysis. An earlier effective date is not warranted because no other evidence prior to June 27, 2007, and within one year prior to the December 2007 claim for increase, demonstrates a factually ascertainable increase in disability.
The deciding factor: The Board finds that chronic recurrent hemoptysis more nearly approximates massive hemoptysis which is described within the criteria for a 100 percent rating for aspergillosis.
- Claimed conditions
- aspergillosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- December 23, 2013
- Citation
- 1342411
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 1342411.
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.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for service connection for chronic lung abscess and aspergillosis due to a lack of sufficient medical evidence. The VA will need to obtain updated medical opinions regarding whether these conditions are related to his active service, particularly given his exposure to burn pits during service.
- Granted
The Veteran's lung disability, rated as 100 percent disabling from March 1, 2006 to November 9, 2011, was granted. He also received a special monthly compensation (SMC) at the housebound rate and his TDIU claim was denied.
- Denied
The Veteran's pulmonary lung infection and aspergillosis were not caused by VA carelessness, negligence, or similar fault. The Board found no additional disability resulting from the treatment.
- Granted
The reduction in the disability rating for aspergillosis with obstructive pulmonary disease from 100 percent to noncompensable was proper, and a 30 percent rating is granted effective August 1, 2016. The Veteran's service-connected disabilities do not render him housebound or unemployable.
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