The Board grants service connection for pulmonary emphysema, resolving doubt in favor of the veteran and finding that his current condition is related to presumed exposure to herbicides during military service.
The deciding factor: There is an approximate balance of positive and negative evidence as to whether the veteran's current pulmonary emphysema is related to his military service. The Board resolves this doubt in favor of the veteran, granting service connection based on a presumption of exposure to Agent Orange due to his service in Vietnam.
- Claimed conditions
- lung disease, emphysema, chronic obstructive pulmonary disease (COPD)
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- April 4, 2008
- Citation
- 0811320
Veterans Law Judge
Decisions by this judge: 2,272 · Granted: 31% (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 0811320.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's respiratory disability, including asthma and COPD, is denied as service connection is not warranted due to the condition being solely attributed to smoking.
- Dismissed
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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.
- 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.
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