The Board found that any lung problems during service were acute and transitory, and did not result in residual disability. The Veteran's current lung disorder began years after service and was not caused by any incident of service, including asbestos exposure.
The deciding factor: The Veteran had no chronic lung condition during his period of active duty, and the current lung disorder is more likely related to post-service occupational exposures rather than service.
- Claimed conditions
- lung disorder, asbestosis
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- Gulf War
- Rating assigned
- None in this decision
- Decision date
- May 29, 2009
- Citation
- 0920212
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. Look up the original decision on VA.gov (opens in a new tab) using citation 0920212.
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.
- Dismissed
The appeal was dismissed due to a claims processing error, as there was no adjudicative determination from which the Veteran could file a notice of disagreement.
- Denied
The Board denied the Veteran's claims for service connection for a lung disorder and scoliosis, finding that the evidence did not support the existence of separate and distinct conditions from his already service-connected disabilities.
- Remanded (sent back)
The Board remands the claim for a lung condition, to include COPD, asbestosis, and bilateral pleural plaques due to inadequate medical opinions regarding the relationship between the Veteran's service and his current lung condition.
- Remanded (sent back)
The Board remands the claims for a VA examination to address service connection and rating issues.
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