The Veteran's appeal for the reduction of his disability rating from 100% to 60% effective November 1, 2017 was dismissed because he did not allege specific error in the determination.
The deciding factor: The Veteran submitted a VA Form 9 stating he was not appealing any issues at this time.
- Claimed conditions
- shortness of breath, residual of lung cancer
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 10, 2019
- Citation
- 19136277
Veterans Law Judge
Decisions by this judge: 2,592 · Granted: 19% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19136277.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Dismissed
The Veteran's appeals for service connection on four different conditions have been dismissed due to the death of the Veteran during the appeal process.
- Granted
The Veteran's shortness of breath and Hodgkin's lymphoma are granted service connection, but his non-Hodgkin's lymphoma and acquired psychiatric disorder are denied.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to missing records and a pre-decisional duty to assist error. The claims will be readjudicated after obtaining any necessary records.
- Remanded (sent back)
The Board has determined that the March 2025 decision denying eligibility for PCAFC benefits is legally inadequate and remands the case to allow for a new medical determination considering all relevant evidence, including the Veteran's conditions and functional ability.
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