The Veteran's claim for an initial rating in excess of 10 percent for COPD with emphysema prior to January 29, 2024, and his request for an earlier effective date for service connection were both denied. The Board found that the earliest applicable date of claim was September 22, 2022, but entitlement did not arise until April 21, 2024.
The deciding factor: The evidence showed that the Veteran's COPD with emphysema met the criteria for a 100 percent rating as of April 21, 2024, but he had continuously pursued his claim since September 22, 2022. The Board determined that entitlement to an earlier effective date was not warranted.
- Claimed conditions
- COPD with emphysema
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- January 28, 2026
- Citation
- A26007859
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. Read the original VA decision (opens in a new tab) using citation A26007859.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Dismissed
The Board has dismissed the appeal as both issues were improperly elected concurrently and no waiver of this prohibition was made.
- Whole decision: Denied
The Board denied service connection for COPD with emphysema, finding that the Veteran's condition is not related to his military service or exposure to herbicides in Vietnam. The claim was based on presumed exposure to toxic chemicals and asbestos during his time as an aviation structural mechanic.
- Whole decision: Denied
The Board denied service connection for COPD with emphysema, finding that the Veteran's condition is not related to his military service or exposure to herbicides in Vietnam. The claim was based on presumed exposure to toxic chemicals and asbestos during his time as an aviation structural mechanic.
- Whole decision: Denied
The Board has denied the Veteran's claims for service connection for COPD with emphysema and BPH, both of which are not considered presumptive conditions due to herbicide agent exposure. The medical opinions provided concluded that there is no significant evidence suggesting a relationship between these conditions and herbicide agent exposure.
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