The Board denied the Veteran's claim of service connection for a respiratory disorder, finding that new and material evidence had not been submitted to reopen his claim. The Board also found that the preponderance of the evidence did not support a grant of service connection due to lack of a diagnosis of asbestosis or other asbestos-related condition.
The deciding factor: The medical evidence does not establish a current diagnosis of asbestosis, and there is no clear evidence linking the Veteran's respiratory disorders to his military service, including exposure to asbestos. The Board found that the preponderance of the evidence did not support a grant of service connection for the Veteran's respiratory disorder.
- Claimed conditions
- respiratory disorder
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 24, 2009
- Citation
- 0923750
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 0923750.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has determined that the claims for service connection must be remanded due to inadequate examinations and opinions. The Veteran's skin disorder, respiratory disorder, Crohn's disease, eye disorder, and migraines are all being reviewed again with new medical evaluations.
- Remanded (sent back)
The Veteran's claim for service connection for a respiratory disorder, including COPD and emphysema, is being remanded due to the submission of new and relevant evidence. The Board finds that the evidence submitted tends to disprove a link between his current condition and active service.
- Dismissed
The appeal for a respiratory disorder is dismissed. Service connection for right hand palmar nodule and service connection for a right hand scar are granted, but the issue of service connection for a right hand disorder other than service-connected right hand palmar nodule is remanded.
- Dismissed
The Board has dismissed all issues of service connection due to the Veteran's withdrawal of his appeal.
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