The Board denied the veteran's claims for service connection for loss of use of the lower extremities as secondary to residuals of emphysema and financial assistance in the purchase of an automobile or other conveyance and/or adaptive equipment for an automobile, finding that there was no evidence of 'loss of use' of a lower extremity due to service-connected disability.
The deciding factor: The Board determined that the veteran's service-connected disabilities did not meet the legal criteria for 'loss of use' of a lower extremity or ankylosis of a lower extremity due to service-connected disability, which are required for these benefits.
- Claimed conditions
- emphysema, lumbosacral strain with arthritis, duodenal ulcer with hiatus hernia
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 28, 2002
- Citation
- 0201943
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 0201943.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's lung condition, including pneumonia residuals, COPD, and emphysema, is remanded for further examination to determine if they are related to his military service. The appeal is reopened based on new evidence.
- Dismissed
The appeal seeking readjudication of the previously denied claim for PTSD and multiple other conditions is dismissed due to a procedural defect. The Veteran's authorized representative at the time the appeal was submitted did not have the authority to file the appeal.
- Denied
The Board has denied service connection for sleep apnea, diabetes mellitus, emphysema, and prostate cancer as the evidence does not support a finding that these conditions began during active service or are otherwise related to an in-service injury, event, or disease.
- Remanded (sent back)
The Board has determined that the Veteran's claim for service connection for a respiratory condition, including COPD with emphysema (claimed as lung condition due to exposure of asbestos due to MOS), is remanded. The VA will provide an examination and obtain medical opinions regarding whether any diagnosed respiratory conditions are related to military service, particularly given the Veteran's in-service exposure to asbestos.
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