The Board dismissed the claim of entitlement to service connection for a lung condition because it was not properly appealed on a VA Form 9. The TBI issue is remanded for additional development.
The deciding factor: The lung condition claim was not appealed with a valid VA Form 9, thus the appeal is dismissed.
- Claimed conditions
- lung condition, traumatic brain injury
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 13, 2023
- Citation
- 23050840
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 23050840.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Board has determined that additional development is needed for the claims on appeal, including obtaining any outstanding treatment records and scheduling VA examinations to assess the current severity of service-connected disabilities. The Veteran's representative also requested reevaluation of his service-connected disabilities.
- 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 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.
- Dismissed
The Veteran's appeal has been dismissed as he withdrew his appeal prior to the Board making a decision.
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