Veterans’ RightsAn independent resource for veterans
← All decisions
Whole decision: Denied

The Veteran's claim for an earlier effective date prior to April 21, 2017, for service connection of decreased lung capacity, shortness of breath, and residuals of pneumonia was denied as the earliest possible effective date is April 21, 2017.

The deciding factor: The decision found that the Veteran did not file a timely substantive appeal within one year of the September 2013 rating decision, which became final. The claim to reopen his service connection for lung disability was filed on April 21, 2017, more than one year after the intent to file.

Claimed conditions
decreased lung capacity, shortness of breath, residuals of pneumonia
How they argued it
Reopened with new and material evidence
Exposure basis
None
Rating
Not verified here — check the original decision
Decision date
February 26, 2021
Citation
21010918

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. Read the original VA decision (opens in a new tab) using citation 21010918.

What this means for you

A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.

What you can do next

Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).

Related decisions

Other Board decisions on a similar condition or argued the same way.

Free starter guide for your own claim

Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.

We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.

We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.

This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.