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
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 asthma and remanded claims for insomnia and sleep apnea. Other conditions were denied.
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Denied
The Board denied service connection for somatic symptom disorder, respiratory disorders (including COPD), nephrolithiasis, deviated nasal septum, and higher initial disability ratings for PTSD with unspecified depressive disorder with anxious distress and GERD, hiatal hernia, reflux esophagitis, Barrett's esophagus.
- Partly granted
The Board granted a 60 percent disability rating for chronic fatigue syndrome and a 30 percent disability rating for sinusitis, while remanding the claims for service connection for an ovarian condition and increased ratings for tension headaches.
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