The Veteran's appeal for service connection for bronchitis, originally claimed as a lung condition, is dismissed without prejudice because the claim lacks a valid rating decision and notice of disagreement.
The deciding factor: The Veteran did not file a valid claim or notice of disagreement within one year from the previous denial in 1993, which made his current appeal untimely under VA regulations.
- Claimed conditions
- bronchitis, lung condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 16, 2023
- Citation
- A23028588
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 A23028588.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 lung condition, including pneumonia residuals, COPD, and emphysema, is remanded for further examination to determine if they are related to his military service. The appeal is reopened based on new evidence.
- Remanded (sent back)
The Veteran's lung condition and obstructive sleep apnea are being remanded for additional development to determine if they are related to service, specifically his in-service pneumonia. The claims will also be reviewed for secondary service connection due to the Veteran's tinnitus and hearing loss.
- Remanded (sent back)
The Veteran's claims for frequent urination, erectile dysfunction, chronic pain multiple joints, paroxysmal atrial fibrillation and chronic bradycardia, acid reflux, bronchitis, and obstructive sleep apnea are remanded due to the presence of service-connected conditions.
- Dismissed
The Veteran's claims for service connection have been dismissed due to the death of the Veteran.
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