The Board found that the respiratory disability and cognitive impairment were not caused by VA hospitalization and treatment, as there was no evidence of carelessness, negligence, or error in judgment on the part of VA. The veteran's conditions are deemed to be unrelated to her VA treatment.
The deciding factor: VA medical records indicate that the respiratory disability and cognitive impairment resulted from complications related to a surgical procedure (hysterectomy) rather than any fault on the part of VA during hospitalization or treatment.
- Claimed conditions
- Respiratory disability, Cognitive impairment
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 3, 2004
- Citation
- 0405698
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 0405698.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The appeals for service connection and TDIU were dismissed due to the Veteran's death during the pendency of the appeal.
- Partly granted
The appeal was withdrawn and dismissed for hearing loss, a headache disability, joint pain, memory loss, and fatigue. Tinnitus was granted due to service connection. Other issues were remanded.
- Remanded (sent back)
The Board remands the claims for service connection for a back disability, respiratory disability, and acquired psychiatric disorder to allow for additional development of evidence.
- Denied
The Board denied the veteran's claims for an increased rating for allergic rhinitis and service connection for right ear hearing loss, chronic fatigue syndrome, chronic sinusitis, dermatosis of the right arm and legs, irritable bowel syndrome (IBS), a respiratory disability, restless leg syndrome on the left, and RLS on the right.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.