The Board has granted an earlier effective date of August 27, 2007 for the award of service connection for asbestosis (claimed as COPD). The Veteran's claim was pending since his last final denial in June 2006 and he filed a new claim on August 27, 2007. The effective date is set based on the date that entitlement arose or the date that the RO received the claim, whichever is later.
The deciding factor: The Veteran's claim for service connection for asbestosis (claimed as COPD) was pending since his last final denial in June 2006 and he filed a new claim on August 27, 2007. The effective date is set based on the date that entitlement arose or the date that the RO received the claim, whichever is later.
- Claimed conditions
- asbestosis, COPD
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 3, 2020
- Citation
- 20000460
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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