The Board denied the veteran's claims for service connection for subacute peripheral neuropathy, emphysema/chronic obstructive pulmonary disease (COPD), and obstructive sleep apnea as they were not shown to be related to his active service or exposure to herbicides.
The deciding factor: There was no credible medical evidence of the claimed conditions within a year after discharge from service, nor any evidence linking them directly to service. The veteran's claims were denied based on the lack of sufficient evidence supporting a direct link between his disabilities and his military service.
- Claimed conditions
- subacute peripheral neuropathy, emphysema/chronic obstructive pulmonary disease (COPD), obstructive sleep apnea
- How they argued it
- Direct service connection
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- January 26, 2009
- Citation
- 0902600
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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The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Remanded (sent back)
The Board remands the issue of entitlement to service connection for obstructive sleep apnea due to a duty to assist error.
- Remanded (sent back)
The Board remands the claims for service connection for various conditions, including GERD, chronic kidney disease, COPD, a heart condition, diabetes mellitus, hypertension, insomnia, and obstructive sleep apnea, as additional development is necessary to address the Veteran's exposure to toxic chemical agents during his service.
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