The veteran's COPD was not shown in service or for many years thereafter and has not been found to be related to such military duty. The appeal for a compensable rating for the service-connected pneumonia residuals is also denied.
The deciding factor: The VA examiner concluded that the veteran's displayed symptoms are not related to his service-connected disability, while the private physician's opinions were not based on a review of the claims folder and did not provide an alternative diagnosis.
- Claimed conditions
- restricted lung disease, chronic obstructive respiratory disorder (COPD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 16, 2009
- Citation
- 0901863
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.
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- Remanded (sent back)
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- Remanded (sent back)
The Board remands the claim for a rating in excess of 70 percent for PTSD due to an inadequate medical opinion.
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