The Board denied the claim for service connection for COPD and emphysema as they were not related to the Veteran's military service, and a service-connected disability did not cause or contribute substantially or materially to the Veteran's death.
The deciding factor: The VA examiner opined that there was no evidence linking the Veteran's COPD and emphysema to his military service, and the private physician's opinion was deemed less credible due to its failure to acknowledge the Veteran's history of tobacco use.
- Claimed conditions
- COPD, Emphysema
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 10, 2009
- Citation
- 0908952
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 service connection for COPD, finding that the evidence does not support a link between the Veteran's respiratory condition and his military service, including exposure to Agent Orange.
- Denied
The Board denied service connection for various conditions and a TDIU, as the evidence did not support a finding that any of these disabilities were related to the Veteran's military service.
- Granted
The Veteran's COPD precluded him from obtaining and maintaining substantial gainful employment, warranting a Total Disability Rating Based on Individual Unemployability (TDIU).
- Denied
The Board denied an effective date earlier than August 10, 2022, for the grant of a 60 percent rating for sarcoidosis, asthma, chronic bronchitis, and COPD.
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