The Board granted an effective date of December 29, 2022, for the grant of service connection for COPD/asbestosis.
The deciding factor: The Veteran's use of the wrong form in pursuit of his asbestosis claim was acceptable due to a recent court decision modifying the regulation pertaining to filing claims.
- Claimed conditions
- chronic obstructive pulmonary disease (COPD), asbestosis
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- June 25, 2025
- Citation
- A25054707
Veterans Law Judge
Decisions by this judge: 2,050 · Granted: 23% (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 A25054707.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's respiratory disability, including asthma and COPD, is denied as service connection is not warranted due to the condition being solely attributed to smoking.
- Dismissed
The Veteran's appeal for a higher rating for right foot disability status post Mitchell's bunionectomy is granted with an effective date of July 25, 2023.,The Veteran's appeal for a higher rating for left foot disability status post Mitchell's bunionectomy is dismissed as it does not meet the criteria for an earlier effective date.
- Denied
The Board denied service connection for asthma, COPD, pancreatitis, stroke, and left arm weakness (claimed as secondary to stroke) based on the presumption of exposure to contaminated water at Camp Lejeune. The evidence did not support a finding that these conditions were related to service or due to in-service exposure.
- Granted
The Veteran's service-connected disabilities require regular aid and attendance from another person, warranting special monthly compensation (SMC) based on aid and attendance.
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