The appeal for an increased rating for COPD and service connection for chronic fatigue syndrome was dismissed due to impermissible concurrent elections of review.
The deciding factor: The January 2025 VA Form 10182 was an impermissible concurrent election as it was filed while a Supplemental Claim for COPD was pending, and the issue of chronic fatigue syndrome had already been denied in a previous Board decision.
- Claimed conditions
- chronic obstructive pulmonary disease (COPD) with asthma, emphysema, reactive airway disease, bronchiectasis, chronic lung interstitial thickening bases, and atelectasis (lung collapse), chronic fatigue syndrome, somatic symptom disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 29, 2025
- Citation
- A25047938
Veterans Law Judge
Decisions by this judge: 1,762 · 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 A25047938.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Granted
The Board has reopened the Veteran's claims of service connection for a back disability, endometriosis, thyroid condition, and chronic fatigue syndrome due to new evidence submitted since the last final denial. The claims are now considered on their merits.
- Granted
The Veteran's claims for service connection for chronic fatigue syndrome, IBS with GERD, and OSA were denied. The claim for OSA was granted due to the receipt of new evidence showing a current disability.
- Denied
The Board has denied service connection for chronic fatigue syndrome, fibromyalgia, right lower extremity radiculopathy, left lower extremity radiculopathy, and a right knee disorder. The evidence did not meet the criteria for direct service connection as there was no in-service diagnosis or continuity of symptomatology.
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