The Veteran's respiratory disability, including COPD, emphysema, asthma, obstructive sleep apnea, and sarcoidosis, was rated at 10% prior to June 4, 2010. From June 4, 2010, to August 28, 2014, the Veteran received a 30% rating. Since August 29, 2014, he has been granted a 100% initial rating 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% initial rating under DC 6604.
- 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.
- Partly granted
The Board granted readjudication of previously denied claims for service connection for PTSD and COPD, while remanding other issues including entitlement to service connection for an eye disorder, hypertension, tinnitus, a compensable rating for bilateral hearing loss, TDIU, and an initial rating for PTSD.
- 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.
- Remanded (sent back)
The Board remands the claims for service connection for cardiac and pulmonary sarcoidosis and obstructive sleep apnea due to a pre-decisional duty to assist error, requiring additional development.
- Partly granted
The Board granted a 40 percent disability rating for bladder cancer in remission with urinary incontinence and denied an increased disability rating in excess of 30 percent for asthma.
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