The Veteran's service-connected residuals of pneumonia with left lower lung scar and COPD are rated at 30 percent, but do not meet the criteria for a higher rating under VA regulations.,The Veteran's service-connected chronic left Achilles tendonitis is currently rated at 20 percent. The Board found that there was no basis to grant a higher rating.
The deciding factor: The preponderance of evidence did not show that the Veteran’s residuals of pneumonia with left lower lung scar and COPD resulted in FEV-1 or FEV-1/FVC values within the criteria for a 60 percent disability rating, which would be required to grant an increased rating.,There was no evidence showing marked limited motion of the ankle (less than 5 degrees dorsiflexion or less than 10 degrees plantar flexion) as required for a higher 20 percent rating under the new criteria. The Veteran's condition did not meet the criteria for ankylosis, malunion of the calcaneus or talus, or astragalectomy.
- Claimed conditions
- Residuals of pneumonia with left lower lung scar and chronic obstructive pulmonary disease (COPD), Chronic left Achilles tendonitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- May 26, 2021
- Citation
- 21032393
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 21032393.
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's service-connected residuals of pneumonia with left lower lung scar and COPD have been granted a 30 percent disability rating effective August 13, 1996.,An increased disability rating for chronic left Achilles tendonitis is denied. The current rating of 20% remains unchanged.
- Whole decision: Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Whole decision: Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Whole decision: Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
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