The Board denied an earlier effective date for the grant of service connection for COPD and GERD, finding that there was no clear and unmistakable error in the May 1995 rating decision.
The deciding factor: The Board found that the May 1995 rating decision did not contain CUE and applied the correct law and facts at the time.
- Claimed conditions
- COPD, GERD
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- 0%
- Decision date
- August 23, 2018
- Citation
- 18128524
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 18128524.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the Veteran's claim for service connection for COPD, finding that there is no evidence of a nexus between his current respiratory disability and active duty service. The VA examiner concluded that the COPD was more likely due to tobacco use rather than asbestos exposure in service.
- Granted
The Board has granted service connection for the cause of the Veteran's death, attributing it to his exposure to Agent Orange during service. COPD is considered a disease associated with such exposure.
- Granted
The Board has determined that new and relevant evidence has been received to reopen the claim of service connection for COPD. The Veteran's COPD is presumed due to exposure to herbicides, but the evidence does not support a finding that it began during active service or is related to in-service exposure.
- Remanded (sent back)
The Board has decided to remand the case due to an inadequate VA opinion and a need for further examination.
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