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 assigned
- None in this 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. Look up the original decision on VA.gov (opens in a new tab) using citation 21010918.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
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.
- Granted
The Veteran's bilateral hearing loss is not service-connected as there is no evidence of a current disability.,The Veteran's residuals of pneumonia are service-connected due to his military service and the presence of lung scarring from previous pneumonia episodes.,The Veteran's acquired psychiatric disorder, including PTSD, is service-connected based on in-service stressors.
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