The Board denied reopening of service connection for a lung disorder, finding that the evidence submitted since the prior final decision did not relate to an unestablished fact necessary to substantiate the claim.
The deciding factor: The October 2006 letter from the veteran's private physician was found to be based on an inaccurate history and thus had no probative value in supporting the claim to reopen service connection for a lung disorder.
- Claimed conditions
- lung disorder, sarcoidosis, shortness of breath, pressure in the chest
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 21, 2009
- Citation
- 0902153
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.
- Remanded (sent back)
The Board remands the claim for service connection for sarcoidosis as new and relevant evidence has been received since the previous denial.
- Remanded (sent back)
The Board remands the issue of entitlement to service connection for sarcoidosis as additional development is necessary.
- Dismissed
The Board dismissed the veteran's appeals for service connection for major depressive disorder, tinnitus, sleep apnea, and a gastrointestinal disability due to untimeliness of the VA Form 10182. The appeal for service connection for sarcoidosis was denied based on the lack of evidence supporting a current disability.
- Dismissed
The appeal was dismissed due to a claims processing error, as there was no adjudicative determination from which the Veteran could file a notice of disagreement.
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