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
- Not verified here — check the original 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. Search VA.gov for the original decision (opens in a new tab) using citation 0833080.
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 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.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: Dismissed
The Veteran withdrew his appeal regarding the claims for sleep apnea and an increased disability rating for diabetes mellitus, type II.
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.