The Veteran's COPD is rated at 30 percent, which does not meet the criteria for a higher rating. His hearing loss of the left ear is also rated at non-compensable.,The Veteran has been found to be unemployable due to his service-connected disabilities from October 20, 2010 to October 8, 2013 and this TDIU status is granted.,Right knee condition and left ankle condition are remanded for further development.
The deciding factor: The Veteran's COPD results in FEV-1 of 69 percent predicted, which does not meet the criteria for a higher rating under DC 6604. His hearing loss is rated at non-compensable as his level I hearing acuity does not qualify for a higher rating.,The Veteran has been found to be unemployable due to his service-connected disabilities from October 20, 2010 to October 8, 2013. The TDIU status is granted based on the evidence of record.,Right knee condition and left ankle condition are remanded as there is insufficient information provided for a determination.
- Claimed conditions
- Chronic Obstructive Pulmonary Disease (COPD), Hearing Loss of the Left Ear, Right Knee Condition, Left Ankle Condition
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 30, 2020
- Citation
- 20081692
Veterans Law Judge
Decisions by this judge: 1,886 · Granted: 24% (granted or partly granted, in the vetted 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. Look up the original decision on VA.gov (opens in a new tab) using citation 20081692.
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.
- Granted
The Board has granted service connection for bilateral knee conditions, finding that the Veteran's current knee conditions are more likely than not related to his military service.
- Remanded (sent back)
The Board has decided to remand the claim of service connection for COPD due to duty-to-assist errors and a need for a supplemental medical opinion.
- Denied
The Veteran's appeal to reduce the ratings for OSA and COPD with asthma and granuloma of the lung was denied, as well as his attempt to add a claim for service connection for aphasia secondary to TBI. The appeals were dismissed due to untimeliness.
- Remanded (sent back)
The Veteran's claim for service connection for COPD is remanded due to a duty to assist error. The Board requests an addendum opinion from a pulmonologist or clinician with appropriate expertise to determine if the Veteran's COPD is etiologically related to his VA conceded TERA exposure, including exposure to TCDD, jet fuel and engine exhaust, hazardous chemicals, lead, vehicle engine exhaust fumes, chemical vapors, oily/hazardous waste, chemical solvents, and compressed gases.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
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.