The Board dismissed the appeal as the Appellant did not file an appeal to the Court and her representative filed a hearing presentation stating that the September 2016 decision has addressed the issue on appeal.
The deciding factor: The appellant's December 2016 statement could not be construed as a notice of disagreement or motion for reconsideration, thus the Board dismissed the appeal.
- Claimed conditions
- Chronic Obstructive Pulmonary Disorder (COPD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 27, 2017
- Citation
- 1742638
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 1742638.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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's cause of death was determined to be due to COPD, but the Board found no evidence linking this condition to his service or exposure to herbicide agents. As such, service connection for the cause of death is denied.
- Granted
The Veteran's COPD with OSA has been granted an initial rating of 60 percent effective May 1, 2019. The claim for separate ratings is denied.
- Remanded (sent back)
The Board has remanded the claims for service connection for OSA and COPD on a secondary basis, as well as the initial rating for constipation. The issues of entitlement to SMC-HB and TDIU have been dismissed due to withdrawal by the Veteran.
- Remanded (sent back)
The Board remands the claim for an initial compensable evaluation of service-connected COPD to ensure a proper medical examination is conducted.
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