The Board denied service connection for the cause of death due to lack of evidence linking the respiratory disease that caused death to service. New evidence did not establish a new and material link.
The deciding factor: New evidence does not relate to an unestablished fact necessary to substantiate the claim or raise a reasonable possibility of substantiating the claim.
- Claimed conditions
- upper respiratory disease
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 7, 2007
- Citation
- 0706554
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 0706554.
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 remanded the case due to insufficient response from the VA examiner regarding the Veteran's upper respiratory disease, including bronchial asthma, allergic rhinitis, interstitial lung disease, and eosinophilia. The Veteran is asked to provide additional evidence or information.
- Denied
The Board has determined that there is no evidence to support service connection for upper respiratory disease, gastritis as secondary to upper respiratory disease, or right hip condition. Service connection for degenerative joint disease of the lumbar spine was not addressed due to a withdrawal by the Veteran.
- Remanded (sent back)
The Board has remanded the case due to the need for additional development, including obtaining SSA records and providing proper notice regarding secondary service connection.
- Granted
The Veteran's claim for service connection for PTSD was reopened due to the submission of new and material evidence. The appeal is granted as his PTSD is now considered service-connected.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
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.