The VA determined that the Veteran's current respiratory disorders, including COPD and pulmonary hypertension, are not related to his military service or inservice asbestos exposure.
The deciding factor: The VA examiner concluded that the Veteran's current respiratory condition is less likely due to his military service, including his inservice exposure to asbestosis, and more likely due to his extensive smoking history.
- Claimed conditions
- chronic obstructive pulmonary disorder (COPD), pulmonary hypertension
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 22, 2009
- Citation
- 0940104
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 0940104.
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: Remanded (sent back)
The Veteran's claims for higher ratings for tinnitus, liver disorder (MASLD), and COPD are remanded due to incomplete or inadequate evidence. The claim for service connection is also remanded.
- Whole decision: Remanded (sent back)
The Board has found that the Veteran's respiratory conditions, including pulmonary hypertension and hypoxia (claimed as asbestosis), are related to his service exposure. However, due to potential additional exposures during civilian employment, a remand is required for further examination and opinion.
- Whole decision: Remanded (sent back)
The Veteran's claims for increased ratings for asthma, eczematoid dermatitis, and allergic rhinitis are being remanded due to incomplete examination reports and the need for new VA examinations.
- Whole decision: Remanded (sent back)
The Board has determined that the AOJ erred in not obtaining a VA medical opinion regarding whether the Veteran's in-service exposure to herbicide agents caused his cardiogenic shock, valvular heart disease, and/or pulmonary hypertension. The case is being remanded for this purpose.
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