The Board has granted entitlement to service connection for COPD (previously claimed as asbestosis) with a rating of 100% effective December 9, 2010. The effective date was determined based on the receipt of a claim to reopen in December 2010.
The deciding factor: The Veteran's claim to reopen service connection for COPD (previously claimed as asbestosis) was received in December 2010 and granted with an effective date of December 9, 2010. The Board determined that the original denial in October 2009 did not constitute a final decision because the Veteran did not perfect his appeal.
- Claimed conditions
- COPD, asbestosis
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- April 2, 2019
- Citation
- 19124669
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
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 COPD, finding that the evidence does not support a link between the Veteran's respiratory condition and his military service, including exposure to Agent Orange.
- Denied
The Board denied service connection for various conditions and a TDIU, as the evidence did not support a finding that any of these disabilities were related to the Veteran's military service.
- Granted
The Veteran's COPD precluded him from obtaining and maintaining substantial gainful employment, warranting a Total Disability Rating Based on Individual Unemployability (TDIU).
- Remanded (sent back)
The Board remands the claim for a lung condition, to include COPD, asbestosis, and bilateral pleural plaques due to inadequate medical opinions regarding the relationship between the Veteran's service and his current lung condition.
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