The Veteran's COPD was granted a 100% disability rating prior to August 16, 2012. The issue of TDIU is dismissed as moot due to the Veteran being in receipt of the maximum benefit for his service-connected COPD.
The deciding factor: The Veteran's COPD met the criteria for a 100% schedular evaluation prior to August 16, 2012 and was rated at 100% throughout the appeal period. As he is now receiving the maximum benefit for his service-connected disability, the issue of TDIU is moot.
- Claimed conditions
- COPD
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- December 12, 2019
- Citation
- 19193355
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 19193355.
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 COPD, finding that the evidence does not support a link between the Veteran's respiratory condition and his military service, including exposure to Agent Orange.
- Denied
The Board denied service connection for various conditions and a TDIU, as the evidence did not support a finding that any of these disabilities were related to the Veteran's military service.
- Granted
The Veteran's COPD precluded him from obtaining and maintaining substantial gainful employment, warranting a Total Disability Rating Based on Individual Unemployability (TDIU).
- Denied
The Board denied an effective date earlier than August 10, 2022, for the grant of a 60 percent rating for sarcoidosis, asthma, chronic bronchitis, and COPD.
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