The Board denied the veteran's claim for service connection for COPD, finding that there was no evidence of a chronic respiratory disorder in service and concluding that his current condition is more likely caused by prior tobacco use.
The deciding factor: The VA examiner concluded that the veteran's emphysema was most likely caused by his prior tobacco use, rather than any incident during military service.
- Claimed conditions
- respiratory disorder, chronic obstructive pulmonary disease (COPD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 29, 2008
- Citation
- 0844789
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 0844789.
What this means for you
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- Denied
The Board denied service connection for asthma, COPD, pancreatitis, stroke, and left arm weakness (claimed as secondary to stroke) based on the presumption of exposure to contaminated water at Camp Lejeune. The evidence did not support a finding that these conditions were related to service or due to in-service exposure.
- Dismissed
The appeal seeking readjudication of the previously denied claim for PTSD and multiple other conditions is dismissed due to a procedural defect. The Veteran's authorized representative at the time the appeal was submitted did not have the authority to file the appeal.
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