The Board determined that new and material evidence had been submitted to reopen the claim for service connection for the cause of the veteran's death, but denied the underlying merits of the claim.
The deciding factor: The additional evidence did not show any disability linked to military service or a heart condition.
- Claimed conditions
- bilateral polycystic kidney disease (PKD), chronic uremia, bilateral pulmonary congestion, atelectasis, mild bronchiectasis
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 28, 2007
- Citation
- 0740905
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. Search VA.gov for the original decision (opens in a new tab) using citation 0740905.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Board has found the VA clinician's opinion inadequate and requires a new examination to determine if the Veteran's atelectasis is related to his service, specifically his exposure to ammonium hydroxide and diazonium salt during service. The examiner must consider the Veteran's reported symptoms following his in-service exposure.
- Whole decision: Granted
The Veteran's respiratory disorder, including bronchitis, COPD, and atelectasis, is rated at 100% effective January 12, 2024. Service connection for heart disability, obstructive sleep apnea, and pneumonia has been granted.
- Whole decision: Remanded (sent back)
The Board remands the claim for a respiratory disability, diagnosed as adenocarcinoma of the lung, atelectasis, and bronchiectasis, to obtain an updated TERA memorandum and new VA opinion.
- Whole decision: Remanded (sent back)
The Board has remanded the case due to insufficient compliance with previous remand directives, and a new VA examination is needed to determine if the Veteran's lung disorders are related to his in-service asbestos exposure.
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