The Veteran's right lung condition, including spontaneous pneumothorax and COPD, does not meet the criteria for a rating in excess of 30 percent. The Board also denied his claim for TDIU as he did not provide sufficient evidence to show that his service-connected disabilities render him unemployable.
The deciding factor: The Veteran's right lung condition is rated at 30% based on FEV-1/FVC and DLCO scores, which do not meet the criteria for a higher rating. The Board found no evidence of additional disability or circumstances warranting a higher rating.
- Claimed conditions
- Residuals of spontaneous pneumothorax (right lung condition), COPD, Interstitial lung disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- December 22, 2020
- Citation
- 20080395
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
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.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.