The Board denied the Veteran's appeal of his March and September 2014 rating decisions that denied service connection for respiratory conditions (claimed as asbestosis, chronic obstructive pulmonary disease, bronchitis, and respiratory infections) and vasovagal syncope due to the VA Form 9 substantive appeal being untimely filed.
The deciding factor: The Board found that the Veteran's VA Form 9 was not timely received within 60 days from the mailing of the SOC on December 5, 2016, nor within the one-year period from the mailing of the March 7, 2014 and September 11, 2014 rating decisions.
- Claimed conditions
- asbestosis, chronic obstructive pulmonary disease, bronchitis, respiratory infections
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 16, 2019
- Citation
- A19001992
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 service connection for bronchitis, COPD, asthma, and plantar fasciitis as not being related to the Veteran's military service. The Board also denied an increased rating for painful malunion of the left clavicle, compensation under 38 U.S.C. § 1151 for obstructive sleep apnea (OSA), and a total disability rating based on individual unemployability due to service-connected disabilities.
- Partly granted
The Board granted service connection for gastroesophageal reflux disease, obstructive sleep apnea, and chronic obstructive pulmonary disease but denied service connection for irritable bowel syndrome. The Board also denied an increased rating for the Veteran's service-connected psychiatric condition.
- Dismissed
The Board dismissed the claims for service connection for bronchitis, COPD, asthma, compensation under 38 U.S.C. § 1151 for OSA, and an increased rating higher than 20 percent for painful malunion of the left clavicle.
- Dismissed
The veteran's appeal for service connection for bilateral hearing loss, asthma, and bronchitis was dismissed as the Board Appeal request was not timely filed.
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