The Board denied the Veteran's claims for service connection for asthma, cervical spine disorder, lumbar spine disorder, cardiovascular disorder, and obstructive sleep apnea. The evidence clearly showed that his pre-existing asthma existed prior to service and was not aggravated by active duty service. His cervical spine, lumbar spine, cardiovascular, and sleep disorders were not shown to have been incurred or aggravated during service.
The deciding factor: The Board found clear and unmistakable evidence that the Veteran's pre-existing asthma did not exist prior to service and was not aggravated by active duty service. The post-service medical records showed no complaints or treatment for cervical spine, lumbar spine, cardiovascular, or sleep disorders until many years after separation from service.
- Claimed conditions
- asthma, cervical spine disorder, lumbar spine disorder, cardiovascular disorder, obstructive sleep apnea
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- June 12, 2009
- Citation
- 0922252
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 0922252.
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 Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there is no competent evidence to support a finding that his current condition began in or as a result of service.
- Whole decision: Granted
The Veteran's tinnitus is granted as service connected. The issues of foot disability and cardiovascular disorder are remanded for additional development.
- Whole decision: Denied
The Board of Veterans' Appeals (BVA) has denied the Veteran's claim for service connection for obstructive sleep apnea as there is no current diagnosis of this condition during the appeal period.
- Whole decision: Denied
The Board denied the Veteran's claims for service connection for obstructive sleep apnea, peripheral neuropathy of the bilateral upper extremities, and peripheral neuropathy of the bilateral lower extremities, finding that there was no evidence linking these conditions to his active service or any related exposure.
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