The Veteran's respiratory disability, including COPD, emphysema, asthma, obstructive sleep apnea, and sarcoidosis, was rated at 10 percent prior to June 4, 2010. From June 4, 2010, to August 28, 2014, the rating was increased to 30 percent. Since August 29, 2014, a 100 percent initial rating has been granted due to episodes of acute respiratory failure.
The deciding factor: The Veteran experienced multiple episodes of acute respiratory failure from August 29, 2014 onwards, which is the deciding factor for the grant of a 100 percent rating.
- Claimed conditions
- Chronic obstructive pulmonary disease (COPD), Emphysema, Asthma, Obstructive sleep apnea, Sarcoidosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- October 13, 2022
- Citation
- 22057700
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 22057700.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
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- Denied
The Board has denied service connection for bladder cancer, gastroesophageal reflux disease (GERD), and chronic obstructive pulmonary disease (COPD) as there is no evidence to support a link between these conditions and the Veteran's military service.
- Remanded (sent back)
The Board has remanded the claims for service connection due to a duty to assist error, specifically regarding whether the Veteran's current conditions are aggravated by his service-connected DDD of the lumbosacral spine. The AOJ is required to obtain new medical opinions addressing this issue.
- Remanded (sent back)
The Board has denied the Veteran's claims for initial compensable ratings for obstructive sleep apnea and headaches, finding that the evidence does not support a finding of persistent daytime hypersomnolence or other manifestations consistent with a compensable disability rating under the criteria established by Diagnostic Codes. The matter is remanded to obtain additional information from the Veteran regarding his headaches and their impact on his daily life.
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