The appeal for a higher initial rating for asthma with COPD was dismissed as the Veteran's attempt to appeal the June 2024 rating decision did not meet the necessary procedural requirements.
The deciding factor: The June 2024 rating decision was invalid as improperly issued, and is not properly subject to review by the Board due to the fact that service connection had already been established for asthma with COPD and the Board had already entered a decision in February 2024 that adjudicated the Veteran's claim for a higher initial rating.
- Claimed conditions
- asthma with chronic obstructive pulmonary disease (COPD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 12, 2025
- Citation
- A25042291
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Partly granted
The Board granted service connection for headache attributed to RCVS and persistent thunderclap headache, restored a disability rating of 60 percent for asthma with COPD, denied an initial rating greater than 60 percent for asthma with COPD, denied an initial rating greater than 10 percent for RCVS and aphasia, granted separate ratings for muscle weakness in the upper and lower extremities due to RCVS, denied a higher rating for myocardial infarction with arteriosclerotic heart disease, granted TDIU from August 23, 2023, and granted an effective date of August 23, 2023, for DEA benefits.
- Partly granted
The Veteran was granted a disability rating of 30 percent for asthma with COPD prior to October 30, 2024, but the claim for a higher rating was denied.
- Denied
The Board denied the Veteran's appeal for an earlier effective date for service connection of asthma with COPD, as the claim was granted under the PACT Act on August 10, 2022.
- Remanded (sent back)
The Board remands the claim for an initial rating in excess of 10 percent from August 4, 2023 for asthma with COPD to schedule a VA examination to clarify the Veteran's DLCO score in terms of percent predicted.
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