The appeal for an earlier effective date for COPD is dismissed as the NOD was untimely filed.,New and material evidence has been received to reopen claims of service connection for bilateral hearing loss, tinnitus, sleep apnea, an acquired psychiatric and/or cognitive disorder, and bilateral vision loss. These claims are REMANDED for further development.,The appeal for service connection for bilateral hearing loss, tinnitus, sleep apnea, an acquired psychiatric and/or cognitive disorder, and bilateral vision loss is REMANDED as new and material evidence has been received to reopen the claims.,Service connection for COPD remains denied. The claim is REMANDED due to the presence of new and material evidence regarding secondary service connection.,The appeal for a rating in excess of 30 percent for COPD, TDIU, and SMC based on need for aid and attendance or housebound status is REMANDED.
The deciding factor: The NOD was filed more than one year after the issuance of the final September 2011 rating decision, making it untimely.,New and material evidence has been received that relates to an unestablished fact necessary to substantiate the claims, specifically a relationship between the Veteran's service-connected COPD and his claimed disorders.,The appellant provided new medical treatises in support of secondary service connection for the Veteran's claimed conditions. The presence of these conditions prior to death is also noted.,Service connection remains denied as there was no evidence showing a direct link between the Veteran's service and his current diagnoses, or that COPD caused or aggravated any of his other disorders.,The claim for an increased rating for COPD is REMANDED due to new and material evidence received.
- Claimed conditions
- COPD, bilateral hearing loss, tinnitus, sleep apnea, acquired psychiatric and/or cognitive disorder, bilateral vision loss
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 6, 2024
- Citation
- 24032723
Veterans Law Judge
Decisions by this judge: 1,676 · Granted: 24% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 24032723.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's appeal for service connection of bilateral hearing loss and a ruptured right ear drum was dismissed due to the death of the Veteran.
- Denied
The Board found that the Veteran's bilateral hearing loss was noted upon entry into active duty service and did not increase in severity during service. Therefore, it denied his claim for service connection.
- Remanded (sent back)
The Board has remanded the claims for service connection for hearing loss, tinnitus, and an acquired psychiatric disorder due to incomplete medical records and need for further examination.
- Denied
The Board denied the Veteran's claims for service connection for tinnitus, arthritis, and memory loss. The decision found no evidence linking these conditions to his military service.
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