The Board finds that the Veteran's diagnosed chronic obstructive pulmonary disease is not due to exposure to asbestos in service, nor is such disability otherwise related to his military service. The Veteran has been granted a new and material issue of reopening his claim for asbestosis but does not have evidence linking it to service.
The deciding factor: The VA examiners found no objective medical evidence that the Veteran's current COPD or asbestosis are due to exposure to asbestos in service, and there is no other evidence linking these conditions to service.
- Claimed conditions
- Chronic obstructive pulmonary disease, Asbestosis
- How they argued it
- Not specified
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- June 23, 2010
- Citation
- 1023473
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. Read the original VA decision (opens in a new tab) using citation 1023473.
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 death was caused by acute hypoxic respiratory failure and chronic obstructive pulmonary disease, with hypertension as a significant contributing factor. The Board finds that remand is necessary to obtain the Veteran's complete military records and treatment records.
- Whole decision: Granted
The Veteran's TBI alone rendered him unable to secure or follow a substantially gainful occupation, and he is eligible for SMC at the housebound rate due to his single total disability rating with additional disabilities rated at least 60 percent.
- Whole decision: Dismissed
The appeal for an initial compensable disability rating for service-connected hearing loss is dismissed. An initial 30 percent disability rating for asbestosis is granted.
- Whole decision: Dismissed
The Veteran's appeal for an earlier effective date for a 100% disability rating for service-connected interstitial lung disease (ILD) and asbestosis has been dismissed due to the appellant's withdrawal of the appeal.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.