The Veteran's disability rating for residuals of shell fragment wounds, left chest thoracotomy and restrictive pulmonary disease with scar was denied as it did not meet the criteria for a higher rating prior to March 1, 2010.,The Veteran's disability rating for residuals of shell fragment wounds, left chest thoracotomy and restrictive pulmonary disease with scar was also denied after March 1, 2010, as his condition did not meet the criteria for a higher rating.
The deciding factor: The Veteran’s PFT results prior to March 1, 2010 did not warrant a disability rating in excess of 20 percent.,After March 1, 2010, the Veteran's PFT results did not meet the criteria for a disability rating in excess of 60 percent.
- Claimed conditions
- residuals of shell fragment wounds, left chest thoracotomy, restrictive pulmonary disease with scar
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- August 26, 2019
- Citation
- 19165849
Veterans Law Judge
Decisions by this judge: 2,062 · Granted: 34% (granted or partly granted, in the indexed 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. Read the original VA decision (opens in a new tab) using citation 19165849.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Veteran's claim for an increased evaluation for his service-connected residuals of shell fragment wounds, to the right side of back with degenerative changes of thoracic spine is remanded due to a lack of recent VA examination and the need for further medical assessment.
- Whole decision: Remanded (sent back)
The Veteran's claim for an increased rating in excess of 20 percent, prior to March 1, 2010, and 60 percent thereafter for residuals of shell fragment wounds, left chest thoracotomy and restrictive pulmonary disease with scar is remanded due to the need for a new VA examination.
- Whole decision: Granted
The Board has determined that service connection for the cause of the Veteran's death is granted, with ischemic heart disease being presumed due to herbicide exposure during service.
- Whole decision: Partly granted
The Board has remanded the case for further development, including obtaining a medical opinion regarding whether the veteran's service-connected disabilities contributed to his death. The appeal is now pending again with the Board.
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