The appeal for service connection for bronchitis was dismissed due to untimely filing, and the initial disability rating for chronic bronchitis and recurrent pneumonia was denied as no evidence supported a higher rating.
The deciding factor: The appeal was not timely filed within one year of the October 2011 decision, and there was insufficient evidence to support an increased rating based on PFT results.
- Claimed conditions
- bronchitis, chronic bronchitis and recurrent pneumonia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 12, 2025
- Citation
- A25022887
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Denied
The Board denied service connection for bronchitis, COPD, asthma, and plantar fasciitis as not being related to the Veteran's military service. The Board also denied an increased rating for painful malunion of the left clavicle, compensation under 38 U.S.C. § 1151 for obstructive sleep apnea (OSA), and a total disability rating based on individual unemployability due to service-connected disabilities.
- Dismissed
The Board dismissed the claims for service connection for bronchitis, COPD, asthma, compensation under 38 U.S.C. § 1151 for OSA, and an increased rating higher than 20 percent for painful malunion of the left clavicle.
- Dismissed
The veteran's appeal for service connection for bilateral hearing loss, asthma, and bronchitis was dismissed as the Board Appeal request was not timely filed.
- Denied
The Board denied an increased rating for bronchitis and an earlier effective date for the grant of service connection, as the evidence did not support a higher rating or an earlier effective date.
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