The Veteran's claim for service connection for COPD has been dismissed as the RO granted service connection and a 100% rating for COPD with lung cancer in an October 2019 decision. The appeal is no longer valid because the benefit sought on appeal was granted.
The deciding factor: The Veteran's representative acknowledged the grant of service connection for COPD in their October 2019 Appellate Brief, and the issue has been resolved as the RO included COPD in the lung cancer service connection award.
- Claimed conditions
- COPD
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- January 14, 2020
- Citation
- 20003218
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- 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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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.