The Board denied the Veteran's claim for service connection for reduced lung capacity, as there was no evidence to support a finding that his condition was causally related to asbestos exposure or active military service.
The deciding factor: The competent and probative medical evidence preponderated against a finding that the Veteran had any respiratory disorder causally related to either asbestos exposure or active military service.
- Claimed conditions
- reduced lung capacity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- March 11, 2009
- Citation
- 0909029
Veterans Law Judge
Decisions by this judge: 386 · Granted: 25% (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 0909029.
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: Denied
The Veteran's pneumothorax (collapsed lung and reduced capacity) following a VA biopsy was not caused by any fault on the part of VA, and thus compensation under 38 U.S.C. § 1151 is denied.
- Whole decision: Remanded (sent back)
The Board has remanded the claim for service connection for reduced lung capacity due to asbestos exposure, as new evidence indicates a current diagnosis of chronic obstructive pulmonary disease (COPD). The previous denial was based on lack of a current diagnosis related to service.
- Whole decision: Granted
The Veteran's PTSD has been granted an initial rating of 70 percent since December 21, 2011. The effective date for this grant is the same as when service connection was initially established.
- Whole decision: Denied
The Board denied the veteran's claims of service connection for reduced lung capacity, residuals of anaphylactic shock as a result of bee sting in service, and depressive disorder secondary to respiratory condition. The Board found no current disability for which service connection could be granted.
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