The Veteran's claim for service connection for asthma is denied. The Board grants an initial disability rating of 30 percent for thoracotomy scars, effective June 28, 2010. The claims for secondary service connection for insomnia and a separate disability rating for thoracotomy scars with limitation of motion are remanded.
The deciding factor: The evidence does not support a current diagnosis of asthma or any related disabilities or symptoms other than COPD with emphysema, which the Veteran is already in receipt of compensation for. The VA examinations found no diagnosis of asthma and were more probative than the June 2011 treatment records.
- Claimed conditions
- Asthma, COPD with emphysema, fibrosis, and chest wall pain, Insomnia, Thoracotomy scars (claimed as scar tissue)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- February 17, 2022
- Citation
- 22009646
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 22009646.
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 Veteran's asthma is currently rated as 10 percent disabling, and the Board finds that this rating adequately compensates his service-connected condition.
- Partly granted
The Veteran's asthma is currently rated at 30 percent, and the Board finds that a higher rating is not warranted.,The Veteran's sleep apnea claim has been remanded due to duty-to-assist errors.
- Granted
The Veteran's service-connected disabilities, including PTSD, asthma, and foot conditions, rendered him unable to secure or follow a substantially gainful occupation consistent with his education and work history throughout the appeal period.
- Remanded (sent back)
The Board has decided to remand several cases related to the Veteran's PTSD, asthma, and other conditions. The issues include increased disability ratings for PTSD and asthma, as well as effective date determinations.
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