The Board has denied the veteran's petition to reopen his claim for service connection for lung disease, finding no new and material evidence since the previous denial in September 1995.
The deciding factor: The submitted evidence does not relate to an unestablished fact necessary to substantiate the claim of service connection for lung disease.
- Claimed conditions
- lung disease
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 11, 2008
- Citation
- 0842784
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 0842784.
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.
- Dismissed
The Board dismissed the claims for increased ratings for lung disease and residuals of esophageal cancer as moot because the Veteran was already in receipt of the highest possible ratings for these conditions, which are in effect for the entirety of the appeal period. The claim for special monthly compensation (SMC) at a higher level based on need for aid and assistance due to the Veteran's condition prior to his passing is granted.
- Remanded (sent back)
The Veteran's claim for service connection for a respiratory disorder, including COPD and emphysema, is being remanded due to the submission of new and relevant evidence. The Board finds that the evidence submitted tends to disprove a link between his current condition and active service.
- Partly granted
The Veteran's lung disease is granted as service-connected due to asbestos exposure during service. The Veteran's coronary artery disease claim is remanded for further evaluation.
- Remanded (sent back)
The Veteran's death was caused by radiation, but the cause of his hematuria and prostate cancer is under review. The Board finds that VA did not obtain a proper medical opinion regarding the relationship between in-service asbestos exposure and the Veteran's death.
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