The veteran's current lung disability, diagnosed as emphysema and COPD, was not manifested until many years after service, is not due to exposure to asbestos during service, and is not otherwise due to his military service.
The deciding factor: The January 2008 VA examination report concluded that there is no indication that the veteran's current chronic obstructive pulmonary disease is in any way related to asbestos exposure in service. The evidence does not show a relationship between the veteran's lung disability and his military service.
- Claimed conditions
- emphysema/COPD
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 15, 2009
- Citation
- 0901730
Veterans Law Judge
Decisions by this judge: 1,500 · Granted: 17% (granted or partly granted, in the vetted 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. Look up the original decision on VA.gov (opens in a new tab) using citation 0901730.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's service-connected disabilities prevent him from securing and maintaining substantially gainful employment, warranting a grant of TDIU.
- Denied
The Board found that the Veteran's emphysema/COPD did not have its inception during active duty and was more likely caused by his use of tobacco. As a result, service connection for emphysema/COPD is denied.
- Denied
The Veteran's need for aid and attendance was due to his non-service connected conditions (emphysema/COPD, age), not his service-connected gunshot wounds. Therefore, he did not meet the criteria for special monthly compensation based on the need for regular aid and attendance of another person.
- Denied
The Board found that the Veteran's current COPD and emphysema did not manifest during active service, and are not otherwise related to service or a service-connected disability. The weight of the evidence showed that his acquired psychiatric disorders manifested years after his active service and were not related to service.
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