The Veteran's COPD is granted at a maximum rating of 100% since September 18, 2017. The claim for service connection for sleep apnea has been reopened and remains pending. Service connection for the ventral hernia disability is denied.
The deciding factor: The VA examiner provided post-bronchodilator PFT results showing FEV-1 of 36% predicted, which meets the criteria for a maximum schedular 100% rating under Diagnostic Code 6604 for COPD. The Veteran's claim for service connection for sleep apnea has been reopened due to new evidence provided by the Veteran.
- Claimed conditions
- COPD, chronic fatigue syndrome, ventral hernia
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- December 28, 2022
- Citation
- 22071704
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 22071704.
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 has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- 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 reopened the Veteran's claims of service connection for a back disability, endometriosis, thyroid condition, and chronic fatigue syndrome due to new evidence submitted since the last final denial. The claims are now considered on their merits.
- 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.
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