The Board has withdrawn the issue of entitlement to initial ratings in excess of 20 percent prior to February 26, 2013, and in excess of 40 percent from that date, for bilateral hearing loss. The service connection for COPD with pneumonia was properly severed due to clear and unmistakable error (CUE) in the original grant of service connection. The Veteran's respiratory functioning resulting from COPD with pneumonia did not meet the criteria for a higher rating under Diagnostic Code 6604.
The deciding factor: The original grant of service connection for COPD with pneumonia was based on insufficient evidence, and there is clear and unmistakable error (CUE) in the decision. The Veteran's respiratory functioning did not meet the criteria for a higher rating under Diagnostic Code 6604.
- Claimed conditions
- COPD (Chronic Obstructive Pulmonary Disease) with pneumonia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- July 21, 2016
- Citation
- 1629036
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 1629036.
What this means for you
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