The Board has granted the Veteran's motion to vacate the April 2020 denial of higher ratings for emphysema with residuals of bilateral collapsed lung surgery (spontaneous bilateral pneumothorax) in excess of 10 percent, prior to May 16, 2019; and in excess of 30 percent thereafter. The issue is remanded for further development.
The deciding factor: The April 2020 decision was vacated due to the Board's constructive receipt of relevant VA medical records that were not addressed prior to the decision.
- Claimed conditions
- emphysema, residuals of bilateral collapsed lung surgery (spontaneous bilateral pneumothorax)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 8, 2022
- Citation
- 22067722
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 22067722.
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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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.
- Dismissed
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- Denied
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- Remanded (sent back)
The Board has determined that the Veteran's claim for service connection for a respiratory condition, including COPD with emphysema (claimed as lung condition due to exposure of asbestos due to MOS), is remanded. The VA will provide an examination and obtain medical opinions regarding whether any diagnosed respiratory conditions are related to military service, particularly given the Veteran's in-service exposure to asbestos.
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