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 both 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 both remanded as there is insufficient information provided in the appeal.
- 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
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 Board denied service connection for asbestosis, bronchitis, chronic obstructive pulmonary disease (COPD), rhinitis, sinusitis, and asthma. The Veteran's bilateral hearing loss was also denied a compensable rating.
- Partly granted
The Board granted service connection for COPD as secondary to diabetes and denied increased ratings for peripheral neuropathy conditions, while dismissing claims related to upper extremity neuropathy.
- Denied
The Board denied the Veteran's appeal for a higher level of special monthly compensation (SMC) as he does not meet the criteria for an increased rate based on his service-connected disabilities.
- Granted
The Board granted an initial 60 percent rating for COPD, resolving all reasonable doubt in the Veteran's favor.
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