The Board has determined that the veteran's respiratory disorder, including COPD and asthma, did not have onset during active service or is otherwise etiologically related to his active service. The claim for sinus condition with hay fever and allergies was previously denied and new evidence does not raise a reasonable possibility of substantiating this claim. The veteran's scar associated with jaw fracture is less than 13 cm long and does not meet the criteria for a compensable evaluation.
The deciding factor: The medical evidence does not support a finding that the veteran's respiratory disorders had onset during service or are related to his active service, and new evidence submitted since the last denial does not raise a reasonable possibility of substantiating these claims.
- Claimed conditions
- Respiratory Disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- May 28, 2008
- Citation
- 0817469
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 0817469.
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: Denied
The Board denied initial ratings in excess of the assigned percentages for OSA, hypertension, allergic rhinitis, and irritable colon syndrome. Service connection was also denied for chronic fatigue syndrome and a respiratory disorder.
- Whole decision: Denied
The Board denied an evaluation higher than 50 percent for PTSD and remanded the claim for service connection for a respiratory disorder.
- Whole decision: Partly granted
The veteran's claim for service connection for a traumatic brain injury (TBI) was granted. The claims for respiratory disorder and an earlier effective date for allergic rhinitis were remanded.
- Whole decision: Granted
The Veteran's hypertension, tinnitus, and diabetes mellitus have been granted service connection. However, the initial compensable rating for hypertension has been denied.,Service connection for bilateral hearing loss and a sinus disorder is denied due to lack of evidence meeting VA criteria for these conditions during or approximate to the appeal period.,The Veteran's tinnitus was found to have begun during service and has been continuous since then, granting service connection. Service connection for diabetes mellitus is also granted.,Service connection for bilateral eye disorder, sleep disorder (including insomnia and sleep apnea), headache disorder, thyroid disorder, and respiratory disorder remains pending as remanded by the Board.
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.