The Board denied the appellant's claim for an effective date prior to January 17, 1991 for the grant of service connection for a pulmonary disorder based on clear and unmistakable error in a September 1979 rating decision. The appeal is not about service connection at all.
The deciding factor: The September 1979 rating decision was consistent with the evidence then of record and consistent with the law and regulations in effect at that time, denying service connection due to lack of chronic disease or disorder referable to the respiratory system shown during service.
- Claimed conditions
- Pulmonary Disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 17, 2002
- Citation
- 0212266
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 0212266.
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.
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The Board has decided to remand the case due to insufficient consideration of the Veteran's lay statements regarding his exposure to asbestos, particularly during service aboard a ship. A new examination and opinion are needed under the PACT Act for the Veteran's claimed pulmonary disorder.
- Denied
The Board has denied the Veteran's claims for service connection for a pulmonary disorder, including as due to herbicide exposure and contaminated water Camp LeJeune exposure. The evidence does not support a finding that his lung disorders are related to his military service.
- Remanded (sent back)
The Board has determined that the claim for service connection for a pulmonary disorder is remanded due to incomplete history, inadequate examination report, and failure to consider all relevant evidence including asbestos exposure. The Veteran's claim will be reconsidered with new opinions addressing his multiple occurrences of pneumonia during active duty.
- Remanded (sent back)
The Veteran's claims for service connection for traumatic brain injury, bilateral hearing loss, right eye hyperphoria, lumbar spine disability, coronary artery disease, and pulmonary disorder are remanded due to the need for additional examinations and records. The Veteran also has a compensable initial rating for his bilateral hearing loss from August 14, 2020.
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