The Board found that the submitted evidence does not relate to an unestablished fact necessary to establish the claim, and thus, did not raise a reasonable possibility of substantiating the claim.
The deciding factor: The submitted evidence was new but not material as it did not address the crucial matter of medical nexus (a connection to an in-service event).
- Claimed conditions
- lung disability
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- May 29, 2008
- Citation
- 0817556
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 0817556.
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 decided to remand the case due to a duty to assist error, specifically regarding private medical records related to asbestos exposure and lung disability. The Veteran is requested to provide information about his private physician and for VA to obtain relevant records.
- Whole decision: Remanded (sent back)
The Board has decided to remand the claims of service connection for diabetes mellitus, type II; a heart disability; hypertension; and a lung disability due to insufficient evidence. The Veteran is currently diagnosed with these conditions and reported symptoms during service.
- Whole decision: Remanded (sent back)
The Veteran's claims for compensation benefits for a lung disability and TDIU are being remanded due to errors in the initial adjudication process.
- Whole decision: Remanded (sent back)
The Veteran's claims for service connection for gout and lung disability have been remanded due to the submission of new evidence that tends to prove or disprove an element at issue. The AOJ will now consider these claims on their merits.
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