The Veteran's COPD was initially rated noncompensable prior to July 21, 2017. Since then, the condition has been rated at 100 percent since that date.
The deciding factor: The VA examination in February 2012 showed moderate COPD and a PFT result of FEV-1/FVC greater than 80% predicted value (89%). However, the March 2009 VA examination did not specify which test results most accurately reflect the Veteran's level of disability. The Board found that the March 2009 VA examination report is not adequate for rating purposes and has no probative value.
- Claimed conditions
- Chronic Obstructive Pulmonary Disease (COPD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- October 9, 2018
- Citation
- 18141165
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 18141165.
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.
- Denied
The Board denied service connection for asbestosis, bronchitis, chronic obstructive pulmonary disease (COPD), rhinitis, sinusitis, and asthma. The Veteran's bilateral hearing loss was also denied a compensable rating.
- Remanded (sent back)
The Board remands the claims for additional development, including obtaining a new examination and further developing evidence related to toxic exposure during service.
- Remanded (sent back)
The Board remands the claim for an initial rating in excess of 50 percent for obstructive sleep apnea (OSA) to include chronic obstructive pulmonary disease (COPD), as a pre-decisional duty to assist error was found regarding the Veteran's COPD, and he needs an appropriate VA examination.
- Partly granted
The Board granted service connection for COPD as secondary to diabetes and denied increased ratings for peripheral neuropathy conditions, while dismissing claims related to upper extremity neuropathy.
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