The Board has reopened the Veteran's claim for service connection for a respiratory disorder due to new and material evidence received since the last final denial. The VA will obtain relevant records from SSA and attempt to schedule the Veteran for a VA examination to determine if he currently experiences a respiratory disorder related to his military service, including exposure to herbicide agents.
The deciding factor: New and material evidence has been submitted that relates to an unestablished fact necessary to substantiate the claim of service connection for a respiratory disorder. The Veteran's current treatment records indicate possible respiratory issues, which may be associated with his military service, particularly if related to exposure to herbicide agents.
- Claimed conditions
- respiratory disorder
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- March 5, 2010
- Citation
- 1008220
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 1008220.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the claims for service connection and increased ratings due to a pre-decisional duty to assist error.
- Dismissed
The appeal for service connection for sleep apnea was dismissed due to untimely filing of the notice of disagreement. The appeals for a respiratory disorder and increased evaluation for low back disability were remanded for further development.
- Remanded (sent back)
The Board remands the claims for service connection for a respiratory disorder, heart disorder, diabetes mellitus type II, and hypertension, as well as entitlement to a special monthly pension, due to insufficient evidence regarding in-service exposure to herbicide agents.
- Denied
The Board denied the Veteran's claim for service connection for tinnitus, finding that there was no evidence to support a link between his in-service noise exposure and current tinnitus. The claim for a respiratory disorder was remanded due to duty to assist errors.
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