The Veteran's claim of service connection for COPD was reopened and granted, effective December 17, 2013.,An earlier effective date for the grant of service connection for left lower extremity radiculopathy is denied.,A TDIU is granted.,The Veteran’s lumbar spine disability remains rated at 20 percent.
The deciding factor: New and material evidence was received to reopen the claim of service connection for COPD, which was previously denied in February 2012. The effective date for this grant is December 17, 2013.,The Veteran's left lower extremity radiculopathy does not meet the criteria for an earlier effective date as it occurred more than one year prior to the claim on December 17, 2013.,The Veteran’s service-connected disabilities are found to be of such nature and severity as to prevent him from securing or following substantially gainful employment, warranting a TDIU.,The criteria for an increased rating for lumbar spondylosis and intervertebral disc syndrome (IVDS) have not been met.
- Claimed conditions
- COPD, left lower extremity radiculopathy, lumbar spondylosis and intervertebral disc syndrome (IVDS), sciatica, right hip and lower extremity
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- March 15, 2019
- Citation
- 19118653
Veterans Law Judge
Decisions by this judge: 1,960 · Granted: 36% (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 19118653.
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 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.
- Granted
The Board has granted service connection for a lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy as secondary to the Veteran's service-connected lumbar spine disability.
- 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.
- 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.
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