The Board denied service connection for pulmonary tuberculosis and COPD, finding that the conditions were not incurred or aggravated by service, including exposure to Agent Orange.
The deciding factor: The Veteran's service records did not show any evidence of pulmonary tuberculosis or COPD during service. The presumptive provisions for diseases associated with herbicide exposure (Agent Orange) were not met as there was no documented exposure to such agents in the Veteran's service record.
- Claimed conditions
- Pulmonary tuberculosis, Chronic obstructive pulmonary disease (COPD)
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Agent Orange / herbicides
- Rating
- Not verified here — check the original decision
- Decision date
- December 2, 2009
- Citation
- 0945930
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 0945930.
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 a higher level of SMC was denied as the Board found that he is already in receipt of SMC at the (l) rate based on need for regular aid and attendance due to service-connected disabilities, including coronary artery disease with congestive heart failure. A second award of SMC at the (l) rate based on need for regular aid and attendance was not warranted.
- Whole decision: Denied
The Board denied the Veteran's claim for service connection for cause of death, finding that there is no competent evidence linking any principal or contributory cause of his death to his service.
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