The Veteran's chronic bronchitis is rated at 30 percent, which is the maximum available under DC 6600. The claim for a higher rating is denied.,The Veteran's left humerus fracture is rated at 30 percent, which is the maximum available under DC 5201. The claim for a higher rating is denied.,The Veteran's residuals of fractured left ankle are currently rated at 10 percent and his residuals of fractured right ankle are also rated at 10 percent. Both claims are remanded as they may warrant an increased rating.
The deciding factor: The post-bronchodilator PFT results do not meet the criteria for a higher rating under DC 6600, and there is no evidence of other conditions that would warrant a higher rating.,The left humerus fracture is rated at the maximum available under DC 5201 due to limitation of motion limited to 25 degrees from the side. There are no alternative diagnostic codes or additional factors that could support a higher rating.,VA treatment records do not show specific treatment for the ankle fractures, and there is no evidence of other conditions such as ankylosis or pain that would warrant a higher rating under DC 5201.
- Claimed conditions
- Chronic Bronchitis, Left Humerus Fracture, Left Ankle Fracture, Right Ankle Fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 30, 2024
- Citation
- A24061909
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 A24061909.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's claim for separate ratings for chronic bronchitis and obstructive sleep apnea is denied as the disabilities are rated under different diagnostic codes and cannot be combined.
- Granted
The Veteran's asthma with chronic bronchitis is rated at a 30 percent rating, effective from the date of this decision.
- Granted
The Veteran is granted a TDIU from October 12, 2016 to November 12, 2018 and from January 1, 2019 to July 22, 2019 due to service-connected disabilities preventing him from securing or following any substantially gainful occupation.
- Remanded (sent back)
The Board has decided to remand the case due to inadequate VA examination and failure to consider the ameliorative effects of medication in evaluating the Veteran's service-connected chronic bronchitis.
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