The Board has reopened the claim for service connection due to new and material evidence, but it is unable to establish a direct or secondary service connection for the veteran's pulmonary disorder. The effective date of TDIU remains February 24, 1998.
The deciding factor: The preponderance of evidence does not support a finding that the veteran's current lung disorder was incurred in or aggravated by active service, including nicotine dependence during service.
- Claimed conditions
- pulmonary disorder (COPD), nicotine dependence
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 10, 2006
- Citation
- 0607125
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the issue of entitlement to service connection for a psychiatric disability, other than unspecified anxiety disorder with alcohol use disorder, as an adequate opinion is necessary to determine its etiology.
- Denied
The Board denied service connection for various conditions, including acute organ dysfunction, frostbite to bilateral hands and feet, hernia, high glucose, nicotine dependence, spleen not visualized, watery eyes and runny nose disorder, leukocytosis, vomiting, a respiratory disorder (to include as due to exposure to asbestos), and an acquired psychiatric disability (including posttraumatic stress disorder (PTSD) and alcohol abuse disorder).
- Dismissed
The Board of Veterans' Appeals vacated its June 26, 2006 decision due to misfiled evidence that violated the Veteran's due process rights.
- Dismissed
The appeal was dismissed due to the veteran's death.
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