The Board found that the September 1958 determination denying service connection for a bronchial condition and residuals of pneumonia was not clear and unmistakable error, as there were no current respiratory conditions found at the time of the VA examination in August 1958.
The deciding factor: The veteran's argument that the RO failed to consider his service medical records is without merit because the evidence did not compel a grant of service connection for a bronchial condition, to include residuals of pneumonia.
- Claimed conditions
- bronchial condition, residuals of pneumonia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- August 23, 2000
- Citation
- 0022263
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. Search VA.gov for the original decision (opens in a new tab) using citation 0022263.
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: Granted
The Veteran's bilateral hearing loss is not service-connected as there is no evidence of a current disability.,The Veteran's residuals of pneumonia are service-connected due to his military service and the presence of lung scarring from previous pneumonia episodes.,The Veteran's acquired psychiatric disorder, including PTSD, is service-connected based on in-service stressors.
- Whole decision: Remanded (sent back)
The Veteran's claim for service connection has been remanded due to the submission of new and relevant evidence. The claims will be reconsidered on their merits.
- Whole decision: Remanded (sent back)
The Board remands the claims for service connection for bronchial condition and pneumonia due to an inadequate VA opinion.
- Whole decision: Denied
The Board denied the Veteran's claim for service connection for residuals of pneumonia, finding that there is no current disability to establish entitlement.
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