The Board found that the veteran's respiratory disorder was not incurred in or related to service, specifically due to lack of evidence supporting exposure to asbestos during service and a significant latency period for asbestos-related diseases.
The deciding factor: The November 2004 VA examination report concluded that the veteran's asbestosis was more likely secondary to his smoking history rather than in-service exposure to asbestos.
- Claimed conditions
- respiratory disorder, chronic obstructive pulmonary disease (COPD), asbestosis
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- March 13, 2006
- Citation
- 0607271
Veterans Law Judge
Decisions by this judge: 1,012 · Granted: 24% (granted or partly granted, in the vetted 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. Look up the original decision on VA.gov (opens in a new tab) using citation 0607271.
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- Denied
The Board denied service connection for asthma, COPD, pancreatitis, stroke, and left arm weakness (claimed as secondary to stroke) based on the presumption of exposure to contaminated water at Camp Lejeune. The evidence did not support a finding that these conditions were related to service or due to in-service exposure.
- Granted
The Veteran's service-connected disabilities require regular aid and attendance from another person, warranting special monthly compensation (SMC) based on aid and attendance.
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