The Veteran's claim of entitlement to service connection for a respiratory disorder, including as secondary to herbicide exposure, was denied by the RO. The Board found that there is no evidence of current respiratory disorders and that the preponderance of the evidence is against finding any such conditions are related to service or herbicide exposure.
The deciding factor: The Veteran's STRs do not show any chronic respiratory issues during his active duty, and post-service medical records do not establish a link between his current respiratory conditions and his military service or herbicide exposure.
- Claimed conditions
- posttraumatic stress disorder (PTSD), obstructive emphysema, chronic obstructive pulmonary disease (COPD)
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 21, 2009
- Citation
- 0939994
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 0939994.
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).
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The Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD and major depressive disorder, is being remanded due to the need for additional development regarding his alleged stressors.
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The Board has remanded the claims for bilateral hearing loss, migraine headaches, and PTSD due to additional development of records and examination.
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