The veteran's application to reopen the claim of entitlement to service connection for a lung disorder was denied as new and material evidence was not presented.
The deciding factor: The evidence added to the record since the previous final rating decisions is not so significant by itself or in the context of the evidence previously of record that it must be considered in order to fairly decide the merits of the claim.
- Claimed conditions
- lung disorder, asthma, chronic obstructive pulmonary disease (COPD)
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- January 7, 2009
- Citation
- 0900691
Veterans Law Judge
Decisions by this judge: 1,467 · Granted: 18% (granted or partly granted, in the indexed decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0900691.
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 Veteran's respiratory disability, including asthma and COPD, is denied as service connection is not warranted due to the condition being solely attributed to smoking.
- Whole decision: Remanded (sent back)
The Board has decided to remand the cases of sleep apnea and asthma due to a failure to provide proper notice for a hearing.
- Whole decision: Dismissed
The Veteran's appeals for service connection for asthma and a 10 percent rating based on multiple noncompensable service-connected disabilities were dismissed. The claim of entitlement to a compensable rating for eczema was denied, while the claim of entitlement to allergic rhinitis was not addressed as it pertained to different issues.
- Whole decision: Granted
The Veteran's service-connected disabilities rendered him unable to secure and follow substantially gainful employment prior to August 14, 2023.
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