The Board denied a rating in excess of 10 percent for emphysema with residuals of bilateral collapsed lung surgery (spontaneous bilateral pneumothorax) prior to May 16, 2019 and denied a rating in excess of 30 percent after May 16, 2019.
The deciding factor: The Veteran's respiratory condition did not require the use of oral or parenteral corticosteroid medication, oral bronchodilators, or antibiotics or outpatient oxygen therapy. The DLCO test result most accurately reflected the Veteran’s level of disability and was above 55 percent predicted.
- Claimed conditions
- Emphysema
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- April 7, 2020
- Citation
- 20023908
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 20023908.
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: Granted
The Veteran was granted a TDIU with a September 19, 2024 effective date based on his PTSD, emphysema, and COPD symptoms. His diabetes, tinnitus, and left ear hearing loss were not found to prevent him from securing or following a substantially gainful occupation prior to March 19, 2024.
- Whole decision: Denied
The Veteran's cause of death was listed as emphysema, but the Board found no causal connection to service or a service-connected disability. The Veteran did not meet the criteria for DIC benefits under 38 U.S.C. § 1318.
- Whole decision: Granted
The Board has determined that the Veteran's COPD is etiologically related to service exposure to herbicide agents, and thus grants service connection for COPD.
- Whole decision: Denied
The Board denied the Veteran's claim of service connection for a respiratory disorder, including claims related to asbestos exposure and claimed ionizing radiation exposure. The evidence did not support a link between any in-service exposures and the current diagnoses.
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