The Board denied the claim to reopen the service connection for a lung disability, finding that new and material evidence was not submitted. The veteran's arguments were based on his belief that he had an infection in service which led to his current condition.
The deciding factor: New and material evidence was not provided to support the reopening of the claim.
- Claimed conditions
- lung disability, chronic obstructive pulmonary disease
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 22, 2004
- Citation
- 0430996
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 0430996.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- 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.
- Remanded (sent back)
The Board has decided to remand the case due to a duty to assist error, specifically regarding private medical records related to asbestos exposure and lung disability. The Veteran is requested to provide information about his private physician and for VA to obtain relevant records.
- 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.
- 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.
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