The Veteran's lung disorder, including pneumonia and emphysema, was not incurred or aggravated by service. The Board found no chronic symptoms of a lung disorder during service or after separation from active duty. The lung disorder is presumed to be due to herbicide exposure in Vietnam.
The deciding factor: There were no chronic symptoms of a lung disorder documented during service and the Veteran did not experience such symptoms post-service, including years after his military service ended. The Board found that any current lung disorders are more likely related to smoking than to service or herbicide exposure.
- Claimed conditions
- lung disorder, pneumonia, emphysema, fungal infection (status post biopsy with scar tissue)
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Gulf War
- Rating assigned
- None in this decision
- Decision date
- May 12, 2011
- Citation
- 1118297
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 1118297.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's lung condition, including pneumonia residuals, COPD, and emphysema, is remanded for further examination to determine if they are related to his military service. The appeal is reopened based on new evidence.
- Dismissed
The appeal seeking readjudication of the previously denied claim for PTSD and multiple other conditions is dismissed due to a procedural defect. The Veteran's authorized representative at the time the appeal was submitted did not have the authority to file the appeal.
- Denied
The Board has denied service connection for sleep apnea, diabetes mellitus, emphysema, and prostate cancer as the evidence does not support a finding that these conditions began during active service or are otherwise related to an in-service injury, event, or disease.
- Remanded (sent back)
The Board has determined that the Veteran's claim for service connection for a respiratory condition, including COPD with emphysema (claimed as lung condition due to exposure of asbestos due to MOS), is remanded. The VA will provide an examination and obtain medical opinions regarding whether any diagnosed respiratory conditions are related to military service, particularly given the Veteran's in-service exposure to asbestos.
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