The Veteran's appeal of the effective date for a 60 percent rating for his service-connected respiratory disability, to include asthma, COPD, pulmonary emphysema, and bronchitis, is remanded due to procedural issues. The AOJ must consider all applicable diagnostic codes in its analysis.
The deciding factor: The AOJ's decision combined pulmonary emphysema and bronchitis with the previously service-connected asthma and COPD as a single service-connected disability without considering initial ratings under Diagnostic Codes 6600, 6602, 6603, and 6604.
- Claimed conditions
- asthma, chronic obstructive pulmonary disease (COPD), pulmonary emphysema, bronchitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- September 17, 2019
- Citation
- 19171773
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 19171773.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's respiratory disability, including asthma and COPD, is denied as service connection is not warranted due to the condition being solely attributed to smoking.
- Remanded (sent back)
The Board has decided to remand the cases of sleep apnea and asthma due to a failure to provide proper notice for a hearing.
- Dismissed
The Veteran's appeals for service connection for asthma and a 10 percent rating based on multiple noncompensable service-connected disabilities were dismissed. The claim of entitlement to a compensable rating for eczema was denied, while the claim of entitlement to allergic rhinitis was not addressed as it pertained to different issues.
- Granted
The Veteran's service-connected disabilities rendered him unable to secure and follow substantially gainful employment prior to August 14, 2023.
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