The appeal for an earlier effective date for the award of a 100 percent disability rating for service-connected COPD with asbestosis was dismissed.
The deciding factor: The October 2023 rating decision was deemed purely ministerial and not appealable to the Board under 38 U.S.C. § 7104(a).
- Claimed conditions
- chronic obstructive pulmonary disease (COPD) with asbestosis
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 27, 2025
- Citation
- A25028622
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 a disability rating in excess of 10 percent for the Veteran's service-connected COPD with asbestosis based on the evidence showing that his condition does not meet the criteria for a higher rating.
- Denied
The Board denied the Veteran's claims for an effective date prior to June 23, 2014, for a TDIU and DEA benefits as there was no reasonable possibility that his service-connected disabilities prevented him from obtaining or maintaining employment prior to that date.
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