The Board has dismissed the veteran's petition to reopen a claim for service connection for a nervous condition, as it was not timely filed. The issue of entitlement to a compensable rating for residuals of a spontaneous pneumothorax of the left lung is also addressed but no new rating is granted due to the current symptoms being attributed to nonservice-connected COPD.
The deciding factor: The veteran's petition to reopen his claim for service connection for a nervous condition was not timely filed, as it was received more than one year after the initial denial. The Board has therefore dismissed this issue. Regarding the compensable rating for residuals of a spontaneous pneumothorax of the left lung, the medical evidence indicates that the veteran's current symptoms are due to his nonservice-connected COPD rather than his service-connected disability.
- Claimed conditions
- nervous condition (claimed as stress), spontaneous pneumothorax of the left lung
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 11, 2006
- Citation
- 0628355
Veterans Law Judge
Decisions by this judge: 2,592 · Granted: 19% (granted or partly granted, in the vetted 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. Look up the original decision on VA.gov (opens in a new tab) using citation 0628355.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The veteran's claim for a compensable evaluation for residuals of a spontaneous pneumothorax of the left lung is being remanded. Additionally, his secondary service connection claim for COPD is also being remanded.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
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