The Veteran's claim for an effective date prior to March 10, 2011 for a 100% rating for recurrent bronchitis with COPD was denied as the earliest factually ascertainable date that he was entitled to this higher disability rating is subsequent to March 10, 2011.
The deciding factor: The claim for an increased rating was received on March 10, 2011 and the earliest factually ascertainable date of entitlement is after this date.
- Claimed conditions
- recurrent bronchitis, COPD
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- April 4, 2019
- Citation
- 19125160
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 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).
- Denied
The Board denied an effective date earlier than August 10, 2022, for the grant of a 60 percent rating for sarcoidosis, asthma, chronic bronchitis, and COPD.
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