The veteran's current lung disability is not a result of VA treatment, and the Board finds that there was no negligence or lack of care by VA in his treatment. Therefore, he does not meet the criteria for compensation under 38 U.S.C.A. § 1151.
The deciding factor: There was no evidence showing negligence or lack of proper skill on the part of the VA in providing the veteran's treatment.
- Claimed conditions
- pneumonia, restrictive lung disease, mild hypoxemia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- April 30, 2003
- Citation
- 0308162
Veterans Law Judge
Decisions by this judge: 2,642 · Granted: 19% (granted or partly granted, in the indexed decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0308162.
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: Denied
The Board denied the Veteran's claims for service connection for pneumonia, diabetic ketoacidosis (DKA), and asthma as causes of death. The evidence did not support finding that these conditions were related to his service-connected disabilities.
- Whole decision: Remanded (sent back)
The Board has remanded the claims of service connection for hypercholesterolemia, hypertension, and pneumonia due to insufficient evidence in the record. The Veteran's current diagnoses are not supported by the medical records provided.
- Whole decision: Denied
The Board denied the Veteran's claim for service connection for the cause of his death, finding that there was no evidence linking any of the immediate or contributing causes of his death to his period of active duty service. The Board also found that the PACT Act did not apply in this case as the Veteran served prior to the period when herbicide agents were presumed used.
- Whole decision: Remanded (sent back)
The Veteran's claim for specially adapted housing is remanded due to a lack of a VA examination, which was a pre-decisional duty to assist error. The Board must now schedule the Veteran for an examination to determine if his service-connected asthma with restrictive lung disease and chronic hypoxic respiratory failure qualifies him for specially adapted housing.
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