The Veteran's appeal for TDIU prior to November 2, 2015 is dismissed as the issue is moot due to a recent grant of service connection for COPD and an effective date of November 2, 2015. The Board also remanded the issue of whether the reduction of the disability rating for non-small cell lung cancer was proper.
The deciding factor: The Veteran's TDIU claim is moot due to a recent grant of service connection for COPD and an effective date of November 2, 2015, which rendered his original TDIU claim moot.
- Claimed conditions
- Non-small cell lung cancer of the left lower lobe
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 20, 2020
- Citation
- 20048153
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 20048153.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Veteran's non-small cell lung cancer of the left lower lobe has been in remission since November 1, 2015. The Board found that there is no evidence of any residual conditions or recurrence which would warrant a compensable evaluation.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
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