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
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.
- Granted
The Veteran was granted separate ratings of special monthly compensation (SMC) based on the need for aid and attendance, a higher rating under 38 U.S.C. § 1114(o), and a higher rating under 38 U.S.C. § 1114(r)(1).
- Partly granted
The Board denied service connection for sinusitis, bronchitis, liver abscess, abdominal aorta, left and right hamstring disabilities. The Board granted an increased disability rating of 40 percent for right upper extremity radiculopathy but denied all other claims.
- Denied
The Board denied an increased rating for a lumbar spine disability and dismissed the Veteran's appeals for increased ratings for bilateral pes planus, left thumb tremor, and bronchitis due to untimely filing of a notice of disagreement.
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