The Veteran's COPD is not service-connected, as it is neither causally nor etiologically related to her active service or secondary to her service-connected sinusitis.,The Veteran's right knee instability has been rated at 10 percent since August 2010. The examiner noted that the Veteran had a history of smoking and was currently in need of aid and attendance, which is not considered for rating purposes under Diagnostic Code 5261.
The deciding factor: The VA examiner found no medical evidence linking the COPD to service or secondary to sinusitis. The examiner also noted that the Veteran's current COPD was due to her history of smoking.,The right knee instability is rated under Diagnostic Code 5261, which does not account for additional functional loss due to pain as required by VA regulations.
- Claimed conditions
- COPD, Right Knee Instability and Degenerative Disc Disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 21, 2017
- Citation
- 1759751
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 1759751.
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: Denied
The Board denied the Veteran's claim for service connection for COPD, finding that there is no evidence of a nexus between his current respiratory disability and active duty service. The VA examiner concluded that the COPD was more likely due to tobacco use rather than asbestos exposure in service.
- Whole decision: Granted
The Board has granted service connection for the cause of the Veteran's death, attributing it to his exposure to Agent Orange during service. COPD is considered a disease associated with such exposure.
- Whole decision: Granted
The Board has determined that new and relevant evidence has been received to reopen the claim of service connection for COPD. The Veteran's COPD is presumed due to exposure to herbicides, but the evidence does not support a finding that it began during active service or is related to in-service exposure.
- Whole decision: Remanded (sent back)
The Veteran's lung condition, including pneumonia residuals, COPD, and emphysema, is remanded for further examination to determine if they are related to his military service. The appeal is reopened based on new evidence.
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