The Veteran's claim for an earlier effective date for service connection for COPD prior to August 10, 2022 is denied.,The Veteran's claim for TDIU prior to May 9, 2023 is denied. The effective date of TDIU was assigned on May 9, 2023.,The Veteran's claim for an earlier effective date for DEA under 38 U.S.C. chapter 35 prior to May 9, 2023 is denied.,The Veteran's claim for a rating in excess of 70 percent for PTSD is denied.
The deciding factor: The earliest allowed effective date for service connection for COPD based on the PACT Act was August 10, 2022. The Veteran submitted an intent to file a claim within one year of the liberalizing law and filed a fully developed claim in April 2024. Therefore, the effective date assigned is prior to the May 9, 2023, date of the intent to file.,The Veteran's TDIU was granted on May 9, 2023, based on his service-connected PTSD and additional disability independently ratable at 60 percent or more. The effective date is assigned as the date of receipt of the claim for increase.,Prior to May 9, 2023, the Veteran's service-connected disabilities did not represent a permanent total disability. Therefore, an earlier effective date for DEA under 38 U.S.C. chapter 35 prior to May 9, 2023 is denied.,The Veteran's PTSD does not meet the criteria for a rating in excess of 70 percent as there are no symptoms that warrant such a rating.
- Claimed conditions
- Chronic Obstructive Pulmonary Disease (COPD), Posttraumatic Stress Disorder (PTSD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- April 9, 2026
- Citation
- A26032939
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 A26032939.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's claim for service connection for PTSD is granted as the evidence shows a current diagnosis of PTSD, an in-service stressor, and a medical link between the two.
- Denied
The Veteran's PTSD has been rated at 50% since March 23, 2004. The Board found that a higher rating is not warranted prior to February 15, 2005 due to the severity of his symptoms and their impact on his social and occupational functioning.
- Denied
The Board denied the Veteran's claims for service connection for PTSD and any acquired psychiatric disorder, finding that there was no evidence to support a link between his current mental health conditions and his military service.
- Granted
The Veteran's PTSD resulted in occupational and social impairment with reduced reliability and productivity, warranting a 70% disability rating. The Veteran also met the criteria for a TDIU due to his service-connected disabilities preventing him from securing or following a substantially gainful occupation.
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