The Veteran's bronchitis was rated at 60 percent disabling, and the RO reduced this rating to 30 percent effective December 1, 2007. The reduction was found to be improper due to lack of consideration of whether there was an improvement in the Veteran’s ability to function under ordinary conditions of life and work. A separate evaluation for emphysema is prohibited as it is rated under Diagnostic Code 6603. The Veteran's TDIU claim has been denied.
The deciding factor: The reduction in rating from 60 percent to 30 percent was improper due to lack of consideration of whether there was an improvement in the Veteran’s ability to function under ordinary conditions of life and work.
- Claimed conditions
- Emphysema, Bronchitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- January 29, 2019
- Citation
- 19106838
Veterans Law Judge
Decisions by this judge: 2,316 · Granted: 43% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19106838.
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.
- Granted
The Veteran was granted a TDIU with a September 19, 2024 effective date based on his PTSD, emphysema, and COPD symptoms. His diabetes, tinnitus, and left ear hearing loss were not found to prevent him from securing or following a substantially gainful occupation prior to March 19, 2024.
- Denied
The Veteran's cause of death was listed as emphysema, but the Board found no causal connection to service or a service-connected disability. The Veteran did not meet the criteria for DIC benefits under 38 U.S.C. § 1318.
- Granted
The Board has determined that the Veteran's COPD is etiologically related to service exposure to herbicide agents, and thus grants service connection for COPD.
- Granted
The Veteran's initial disability rating for bronchitis with asthma is granted at a 60 percent level through December 26, 2023. The rating of 10 percent between December 27, 2023 and November 11, 2025 is denied. A higher rating since November 12, 2025 is also denied.
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