The Veteran's service-connected COPD is granted, and his secondary service connection for diabetes mellitus to include as secondary to COPD is also granted.,A rating in excess of 20 percent for the Veteran's left leg disability (residuals, fracture left proximal fibula with traumatic arthritis left ankle and degenerative arthritis, chondrocalcinosis and osteophyte of the left knee) is denied.
The deciding factor: The VA examiners provided opinions that COPD is related to service due to exposure to tuberculosis in service. The diabetes mellitus was found to be secondary to COPD.,VA examiners determined that the Veteran's fibula impairment warranted a 20 percent rating under Diagnostic Code 5262, effective November 2, 2017.
- Claimed conditions
- Chronic Obstructive Pulmonary Disease (COPD), Diabetes Mellitus
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- December 8, 2022
- Citation
- 22067781
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 22067781.
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.
- Granted
The Veteran's appeal was granted for various disabilities, including service connection for depressive disorder and increased evaluations for diabetic peripheral neuropathy affecting multiple nerve groups. A SMC based on need for aid and attendance was also awarded.
- Remanded (sent back)
The Board has decided to remand the claim of service connection for COPD due to duty-to-assist errors and a need for a supplemental medical opinion.
- Denied
The Veteran's appeal to reduce the ratings for OSA and COPD with asthma and granuloma of the lung was denied, as well as his attempt to add a claim for service connection for aphasia secondary to TBI. The appeals were dismissed due to untimeliness.
- Remanded (sent back)
The Veteran's claim for service connection for COPD is remanded due to a duty to assist error. The Board requests an addendum opinion from a pulmonologist or clinician with appropriate expertise to determine if the Veteran's COPD is etiologically related to his VA conceded TERA exposure, including exposure to TCDD, jet fuel and engine exhaust, hazardous chemicals, lead, vehicle engine exhaust fumes, chemical vapors, oily/hazardous waste, chemical solvents, and compressed gases.
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