The Board denied the veteran's claims for earlier effective dates for service connection and benefits due to lack of evidence showing a claim prior to September 9, 1997.
The deciding factor: There is no evidence of record reflecting a claim for any benefit prior to September 9, 1997.
- Claimed conditions
- dysthymia, chronic obstructive pulmonary disease, bilateral orchitis, residuals of a fracture of the right wrist, nicotine dependence
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- May 18, 2004
- Citation
- 0412896
Veterans Law Judge
Decisions by this judge: 2,374 · Granted: 19% (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. Search VA.gov for the original decision (opens in a new tab) using citation 0412896.
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: Denied
The Board denied the claim for TDIU prior to October 18, 2018 due to a lack of evidence showing that the Veteran's service-connected disabilities prevented him from securing or following a substantially gainful occupation.
- Whole decision: Granted
The Veteran's emphysema, chronic obstructive pulmonary disease and other spontaneous pneumothorax status post thoracotomy is rated as 100% disabling since February 28, 2024. His major depressive disorder is separately rated at 70%. The Board finds that the Veteran meets the criteria for special monthly compensation under 38 U.S.C. § 1114(s) due to his service-connected disabilities.
- Whole decision: Dismissed
The Veteran's claims for service connection for various conditions are dismissed due to untimely filing of the Notice of Disagreement (NOD). The appeal is also dismissed as there was no good cause shown for the late filing.
- Whole decision: Dismissed
The appeal concerning the service connection for various conditions has been dismissed due to the Veteran's death.
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