The veteran's claims for service connection have been denied, and the April 1998 rating decision on his nervous disorder claim is not considered to be CUE. His pneumonia residuals and chronic bronchitis claims are not established, and compensation for tooth loss #3 and #14 is also not established. The gastrointestinal disorder claim due to nicotine dependence or tobacco use is barred as filed after June 9, 1998.
The deciding factor: The veteran's claims were denied based on the lack of new and material evidence for his nervous disorder claim, the April 1998 rating decision not being considered CUE, and the established facts that do not support service connection for pneumonia residuals, chronic bronchitis, or compensation for tooth loss #3 and #14. The gastrointestinal disorder claim due to nicotine dependence or tobacco use is barred as filed after June 9, 1998.
- Claimed conditions
- nervous disorder, pneumonia residuals, chronic bronchitis, variously diagnosed gastrointestinal disorder, tooth #3 and tooth #14 loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 30, 2005
- Citation
- 0526824
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 0526824.
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.
- Remanded (sent back)
The Board has decided to remand the case due to a lack of adequate examination and opinion regarding the Veteran's claimed chronic bronchitis. The Veteran is seeking service connection for this condition, which was denied in an initial decision. The VA examiner did not address the medical record indicating a current diagnosis of chronic bronchitis.
- 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 Board has dismissed the appeals for service connection for depression, Gram Positive Cocci Condition, chronic bronchitis, irritable bowel syndrome, and diseases of Keratinization due to untimely filing of the Decision Review Request.
- Granted
The Board has granted service connection for chronic bronchitis, finding that the Veteran's current condition is related to his active duty service.
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