The Board dismissed the Veteran's appeal for an earlier effective date for a 100 percent rating for asbestos related lung disease, as this issue was already decided in a previous November 2017 decision.
The deciding factor: The November 2017 Board decision addressed all questions regarding the ratings assigned for the Veteran's asbestos related lung disease and is considered final due to lack of appeal.
- Claimed conditions
- asbestos related lung disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- July 21, 2022
- Citation
- 22041787
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 22041787.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Remanded (sent back)
The Veteran's claim for service connection for a lung condition, including COPD, emphysema, and asbestos-related lung disease was denied in September 2005 due to lack of an in-service event and nexus. The claim is reopened as new evidence has been received indicating an in-service injury and a nexus. However, the Veteran's current lung conditions are still not definitively linked to service.
- Granted
The Board has determined that the Veteran's COPD and asbestos related lung disease are related to his in-service exposure, granting service connection for these conditions.
- Granted
The Board has determined that the Veteran's lung cancer and asbestos related lung disease are related to his in-service asbestos exposure, which is considered a direct service connection. The cause of death due to bladder cancer and lung cancer is also being addressed.
- Remanded (sent back)
The Veteran's appeal is remanded for additional development, including obtaining updated VA treatment records and scheduling a VA Respiratory examination to assess the extent of his service-connected asbestos-related lung disease.
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