The Veteran's appeal for an initial compensable rating for chronic obstructive pulmonary disease has been dismissed due to the death of the Veteran.
The deciding factor: The Veteran died during the pendency of his appeal, and as a result, the Board has no jurisdiction to adjudicate the merits of this appeal.
- Claimed conditions
- Chronic obstructive pulmonary disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 28, 2023
- Citation
- A23033547
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 A23033547.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 death was caused by acute hypoxic respiratory failure and chronic obstructive pulmonary disease, with hypertension as a significant contributing factor. The Board finds that remand is necessary to obtain the Veteran's complete military records and treatment records.
- Dismissed
Your appeal for service connection of chronic obstructive pulmonary disease has been dismissed due to the Veteran's death. The Board cannot issue a decision on this claim as it is no longer pending.
- Denied
The Board denied the claim for service connection for the cause of the Veteran's death, as none of the listed causes were related to his period of active duty or presumed exposure to herbicides.
- Granted
The Board granted service connection for multiple disabilities, including thoracolumbar spine disability, bilateral knee and hip disabilities, heart disease, erectile dysfunction, COPD, and denied an initial rating higher than 50 percent for MDD with GAD.
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