The Board denied the Veteran's claim for service connection for a pulmonary condition, claimed as due to asbestos or herbicide exposure, as there was no evidence of a current diagnosis of such a condition.
The deciding factor: There is no competent medical evidence of a current diagnosis of a chronic or continuing pulmonary disorder, and the Veteran has not been shown to have had active duty in Vietnam or any other location where he could be presumed to have been exposed to herbicides or asbestos.
- Claimed conditions
- pulmonary condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 25, 2009
- Citation
- 0906900
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.
- Granted
The Board granted service connection for pulmonary conditions, including frequent pneumonia, asthma, and chronic obstructive pulmonary disease (COPD), based on the Veteran's exposure to herbicides during service in Vietnam.
- Dismissed
The Board dismissed the veteran's appeals for service connection of bilateral knee disability, stomach condition, pulmonary condition, hypertension, and sinus condition due to lack of a valid underlying decision.
- Remanded (sent back)
The Board remands the claims for service connection and increased ratings, as well as the claim for a higher rating for fibromyalgia and IBS, to correct an error by the AOJ to satisfy its duty to assist under 38 U.S.C. § 5103A.
- Denied
The Board has determined that the Veteran's pulmonary condition, including asthma, was not incurred during his active military service and denied his claim for service connection.
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