The Board denied the Veteran's request for an earlier effective date for service connection for COPD, as it was granted on a presumptive basis under the PACT Act and August 10, 2022, is the earliest possible effective date.
The deciding factor: The grant of service connection for COPD was made pursuant to the PACT Act, which expanded the diseases eligible for presumption of herbicide agent exposure, and the Veteran's claim was received within one year of its enactment.
- Claimed conditions
- chronic obstructive pulmonary disease (COPD)
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 30, 2025
- Citation
- A25039631
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Remanded (sent back)
The Board remands the claims for service connection for various conditions, including GERD, chronic kidney disease, COPD, a heart condition, diabetes mellitus, hypertension, insomnia, and obstructive sleep apnea, as additional development is necessary to address the Veteran's exposure to toxic chemical agents during his service.
- Remanded (sent back)
The Board remands the claim for a respiratory disability to obtain an adequate VA examination and additional evidence regarding the Veteran's exposure to herbicide agents during service.
- Denied
The Board denied service connection for chronic kidney disease, atrial fibrillation, hiatal hernia, COPD, and prostate cancer as a result of toxic exposure during the Veteran's military service.
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