The Board has determined that the veteran withdrew his appeal for sleep apnea, a blood disease due to Agent Orange exposure, pneumonia including due to Agent Orange exposure, lupus and positive lupus anticoagulant including due to Agent Orange exposure, and peripheral neuropathy including due to Agent Orange exposure. The skin disorder characterized as basal cell carcinomas of the face and actinic keratoses of the hands and face was not incurred in or aggravated by service.
The deciding factor: The veteran's skin disorders were first manifested many years after military service and are not among the presumed disabilities based on herbicide exposure. There is no medical evidence linking these conditions to his military service, including his time in Vietnam.
- Claimed conditions
- sleep apnea, blood disease (claimed as due to Agent Orange exposure), cervical spine disorder (claimed as due to Agent Orange exposure), ulcers, joint deterioration (claimed as due to Agent Orange exposure), depression, including as due to Agent Orange exposure, neurological disorder including syncope, dizziness, poor memory, and mental block, including as a result of Agent Orange exposure, bilateral defective hearing, pneumonia, including as due to Agent Orange exposure, lupus or positive lupus anticoagulant, claimed as due to Agent Orange exposure, coronary artery disease, status post mitral valve replacement, including as due to Agent Orange exposure, hepatitis C, including as due to Agent Orange exposure, peripheral vascular disease of both lower extremities, including as due to Agent Orange exposure, skin disorder characterized as basal cell carcinomas of the forehead and actinic keratoses of the hands and face (claimed as due to Agent Orange exposure)
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- September 26, 2008
- Citation
- 0833080
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 0833080.
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.
- Denied
The Board denied the Veteran's claim for service connection for sleep apnea, finding that there was no evidence of a chronic disease manifesting within one year after service and concluding that the current disability is not related to his in-service deviated septum.
- Remanded (sent back)
The Board has remanded the case for additional development regarding the Veteran's claim of service connection for sleep apnea. The Veteran will be provided with a VA examination to determine if his current sleep disorder is related to his military service.
- Remanded (sent back)
The Board has decided to remand the issue of service connection for sleep apnea due to insufficient medical opinions and need for further development.
- Dismissed
The Veteran withdrew his appeal regarding the claims for sleep apnea and an increased disability rating for diabetes mellitus, type II.
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