The Veteran's claims for service connection for a respiratory disorder and gastrointestinal disorders were denied. The claim for higher initial ratings for generalized anxiety disorder, right wrist ganglion excision, and hypertension with atrial flutter was also denied.
The deciding factor: The preponderance of the evidence did not support the presence of any diagnosed respiratory or gastrointestinal disorders during service or at present. The Veteran's generalized anxiety disorder was found to be productive of mild to transient symptoms from October 27, 2003, to April 15, 2004, and occupational and social impairment with reduced reliability and productivity from April 16, 2004.
- Claimed conditions
- Respiratory Disorder, Gastrointestinal Disorder (including acid reflux disease and irritable bowel syndrome)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- September 22, 2009
- Citation
- 0935762
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 0935762.
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 initial ratings in excess of the assigned percentages for OSA, hypertension, allergic rhinitis, and irritable colon syndrome. Service connection was also denied for chronic fatigue syndrome and a respiratory disorder.
- Whole decision: Denied
The Board denied an evaluation higher than 50 percent for PTSD and remanded the claim for service connection for a respiratory disorder.
- Whole decision: Partly granted
The veteran's claim for service connection for a traumatic brain injury (TBI) was granted. The claims for respiratory disorder and an earlier effective date for allergic rhinitis were remanded.
- Whole decision: Granted
The Veteran's hypertension, tinnitus, and diabetes mellitus have been granted service connection. However, the initial compensable rating for hypertension has been denied.,Service connection for bilateral hearing loss and a sinus disorder is denied due to lack of evidence meeting VA criteria for these conditions during or approximate to the appeal period.,The Veteran's tinnitus was found to have begun during service and has been continuous since then, granting service connection. Service connection for diabetes mellitus is also granted.,Service connection for bilateral eye disorder, sleep disorder (including insomnia and sleep apnea), headache disorder, thyroid disorder, and respiratory disorder remains pending as remanded by the Board.
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