The Veteran's appeal for an increased rating for COPD with bronchiectasis was dismissed due to the death of the Veteran during the pendency of the appeal.
The deciding factor: The Veteran died, which resulted in the Board having no jurisdiction to adjudicate the merits of the claim.
- Claimed conditions
- COPD with bronchiectasis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 12, 2011
- Citation
- 1134030
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 1134030.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Denied
The Veteran is already receiving the maximum schedular rating of 100 percent for COPD with bronchiectasis, so no higher initial rating can be granted.
- Denied
The Board finds that the Veteran's COPD with bronchiectasis was not incurred in or aggravated by his active military service, nor may it be presumed to have been so incurred or aggravated.
- Remanded (sent back)
The veteran's appeal is remanded for additional development, including obtaining updated pulmonary function test results and medical records.
- 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.
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