The Board found that the veteran's Substantive Appeal was timely filed, perfecting his appeal of the RO's November 1999 rating decision regarding service connection for a lung disorder due to asbestos exposure.
The deciding factor: The veteran provided good cause for not filing a Substantive Appeal within 60 days of the July 2001 SOC and the RO extended the time limit accordingly.
- Claimed conditions
- COPD, bronchiectasis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 26, 2003
- Citation
- 0333280
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. Search VA.gov for the original decision (opens in a new tab) using citation 0333280.
What this means for you
A grant means the Board allowed the benefit or issue identified in this decision. Review the original order: other issues in the same appeal may have a different outcome, and this decision does not predict another claim.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- 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 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.
- Granted
The Board has determined that new and relevant evidence has been received to reopen the claim of service connection for COPD. The Veteran's COPD is presumed due to exposure to herbicides, but the evidence does not support a finding that it began during active service or is related to in-service exposure.
- Remanded (sent back)
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.
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