The Board denied the appeal to reverse the November 2006 severance of service connection and termination of DIC and Chapter 35 benefits, as well as denying service connection for the cause of the veteran's death based on respiratory disease.
The deciding factor: There was clear and unmistakable error in the June 2006 rating decision that granted service connection for heart disease, which had not been previously established. Additionally, there is no evidence linking COPD to asbestos exposure or other events during service.
- Claimed conditions
- heart disease, respiratory disease (COPD)
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- January 28, 2009
- Citation
- 0902982
Veterans Law Judge
Decisions by this judge: 2,084 · Granted: 20% (granted or partly granted, in the indexed 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. Search VA.gov for the original decision (opens in a new tab) using citation 0902982.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Veteran's claims for service connection for hypertension, diabetes, heart disease, and kidney disease are being remanded due to the need for VA examinations to determine if these conditions are related to his exposure to contaminants in the water supply at Camp Lejeune during service.
- Whole decision: Remanded (sent back)
The Board has decided to remand the Veteran's claims for heart disease, hypertension, kidney disease, and low back pain due to potential errors in duty to assist. The AOJ is required to verify the Veteran's alleged exposure to herbicide agents and obtain private treatment records.
- Whole decision: Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for artery disease, COPD, diabetes, and heart disease due to potential exposure to herbicide agents during his active duty.
- Whole decision: Denied
The Veteran's death was not service-connected, and he did not have the required wartime service for pension benefits.
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