The Veteran's COPD with adenocarcinoma of the lung did not meet the criteria for a rating in excess of 10 percent from March 14, 2003 to May 19, 2011.,A separate rating of 30 percent was granted for bronchiectasis associated with COPD with adenocarcinoma of the lung from March 14, 2003.
The deciding factor: The Veteran's FEV-1 and FVC were at or above 97% predicted, which did not meet the criteria for a rating in excess of 10 percent under Diagnostic Code 6604. The Veteran had symptoms including a daily productive cough with sputum that was at times blood-tinged and required prolonged antibiotic use more than twice a year, meeting the criteria for a separate 30 percent rating under Diagnostic Code 6601.
- Claimed conditions
- COPD (Chronic Obstructive Pulmonary Disease), adenocarcinoma of the lung, bronchiectasis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 29, 2024
- Citation
- A24069376
Veterans Law Judge
Decisions by this judge: 2,548 · Granted: 31% (granted or partly granted, in the indexed decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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. Read the original VA decision (opens in a new tab) using citation A24069376.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Dismissed
The Board dismissed the Veteran's claim for an earlier effective date for his COPD with ILD, specifically bronchiectasis and pulmonary nodules as it is a freestanding claim that cannot be filed after a final decision.
- Whole decision: Granted
The Board has granted service connection for bronchiectasis and CVID on a direct basis, finding that the Veteran's current disabilities began during active service.
- Whole decision: Granted
The Veteran's service-connected disabilities require regular aid and attendance, which grants entitlement to special monthly compensation based on aid and attendance. The issue of entitlement to special monthly compensation at a housebound rate is moot due to the grant of aid and attendance.
- Whole decision: Remanded (sent back)
The Board has remanded the case due to insufficient medical opinions regarding the Veteran's respiratory conditions, including COPD, bronchiectasis, and pulmonary fibrosis. The VA must obtain an addendum opinion addressing these issues.
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