The Veteran's bilateral knee disabilities and COPD met the schedular requirements for a TDIU prior to August 30, 2018. From October 11, 2020 to April 19, 2022, he had one service-connected disability (COPD) that was equivalent to a 100 percent rating and his remaining service-connected disabilities had a combined rating of 60 percent or greater, qualifying him for SMC based on the need for aid and attendance.
The deciding factor: The Veteran's bilateral knee disabilities and COPD met the schedular requirements for a TDIU prior to August 30, 2018. From October 11, 2020 to April 19, 2022, he had one service-connected disability (COPD) that was equivalent to a 100 percent rating and his remaining service-connected disabilities had a combined rating of 60 percent or greater.
- Claimed conditions
- bilateral knee disabilities, COPD
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- November 18, 2022
- Citation
- 22064838
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 22064838.
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.
- Denied
The Board denied the Veteran's claim for service connection for COPD, finding that there is no evidence of a nexus between his current respiratory disability and active duty service. The VA examiner concluded that the COPD was more likely due to tobacco use rather than asbestos exposure in service.
- Granted
The Board has granted service connection for the cause of the Veteran's death, attributing it to his exposure to Agent Orange during service. COPD is considered a disease associated with such exposure.
- Granted
The Board has determined that new and relevant evidence has been received to reopen the claim of service connection for COPD. The Veteran's COPD is presumed due to exposure to herbicides, but the evidence does not support a finding that it began during active service or is related to in-service exposure.
- Remanded (sent back)
The Veteran's lung condition, including pneumonia residuals, COPD, and emphysema, is remanded for further examination to determine if they are related to his military service. The appeal is reopened based on new evidence.
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