The Veteran's mild atrophy of left thigh quadriceps muscle group XIV is currently rated as 40 percent disabling, which is the maximum schedular rating available.,For asthma prior to February 18, 2018, a higher rating of 30 percent is not warranted. For asthma effective February 18, 2018, a higher rating of 60 percent is not warranted.,The Veteran's acne does not meet the criteria for a higher than 10 percent rating.,For ulcer syndrome with pancreatitis effective January 27, 2010, a higher than 30 percent rating is not warranted.,Left shoulder and right shoulder disabilities are remanded for further evaluation.
The deciding factor: The Veteran's mild atrophy of left thigh quadriceps muscle group XIV has been rated as the maximum schedular rating available under Diagnostic Code 5314, which does not allow for a higher rating.,For asthma prior to February 18, 2018, the Veteran did not meet the criteria for a 30 percent rating based on FEV-1 and FEV-1/FVC results. For asthma effective February 18, 2018, the Veteran's FEV-1 was 71 percent and FEV-1/FVC was 80 percent, which does not meet the criteria for a 60 percent rating.,The Veteran's acne did not meet the criteria for a higher than 10 percent rating under Diagnostic Code 7828.,For ulcer syndrome with pancreatitis effective January 27, 2010, the Veteran did not meet the criteria for a 30 percent rating based on symptoms and treatment needs.,Left shoulder and right shoulder disabilities are remanded as there is insufficient evidence to determine their current severity.
- Claimed conditions
- mild atrophy of left thigh quadriceps muscle group XIV, asthma, acne, ulcer syndrome with pancreatitis, fracture of the left little finger
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 4, 2022
- Citation
- 22044337
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 22044337.
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 Veteran's respiratory disability, including asthma and COPD, is denied as service connection is not warranted due to the condition being solely attributed to smoking.
- Remanded (sent back)
The Board has decided to remand the cases of sleep apnea and asthma due to a failure to provide proper notice for a hearing.
- Dismissed
The Veteran's appeals for service connection for asthma and a 10 percent rating based on multiple noncompensable service-connected disabilities were dismissed. The claim of entitlement to a compensable rating for eczema was denied, while the claim of entitlement to allergic rhinitis was not addressed as it pertained to different issues.
- Granted
The Veteran's service-connected disabilities rendered him unable to secure and follow substantially gainful employment prior to August 14, 2023.
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