The Veteran's pneumonia with COPD has been rated at 30 percent since May 4, 2010. The VA determined that the evidence does not support an increase to a higher rating.
The deciding factor: The VA found that the Veteran’s FEV-1 and FEV-1/FVC values were between 56 to 70 percent predicted, which do not meet the criteria for a higher disability rating under DC 6604.
- Claimed conditions
- Pneumonia, Chronic Obstructive Pulmonary Disease (COPD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- January 2, 2019
- Citation
- 19100275
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.
- 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.
- 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.
- Remanded (sent back)
The Board remands the case to obtain an adequate opinion regarding the Veteran's cause of death, specifically addressing toxic exposures during service and submitted medical literature.
- Denied
The Board denied the Veteran's appeal for a higher level of special monthly compensation (SMC) as he does not meet the criteria for an increased rate based on his service-connected disabilities.
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