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
Veterans Law Judge
Decisions by this judge: 1,350 · Granted: 26% (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 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.
- Denied
The Board denied the veteran's claims for an increased rating for restricted lung disease and a compensable rating for tension headaches, while remanding the claim for service connection for low back strain.
- Remanded (sent back)
The Board has determined that new and relevant evidence has been received to warrant readjudication of the claims for service connection for restricted lung disease and GERD. The claims are being remanded due to potential TERA development under the PACT Act.
- Remanded (sent back)
The Board has decided that the Veteran's respiratory disorder, including asthma, emphysema, and restricted lung disease, is related to service-connected sinusitis or rhinitis or due to in-service asbestos exposure. However, additional development is needed as the medical opinion provided did not address the Veteran's submissions or lay statements.
- Denied
The Board denied service connection for insomnia, maxilla injury, and headaches. Service connection was granted for restricted lung disease with a specific rating.,Increased ratings were not granted for the Veteran's headaches.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.