The Board finds that the Veteran's COPD was not incurred in or aggravated by active service and it may not be presumed to have been incurred in service. The negative service treatment records, lack of continuity of symptomatology for five decades after separation from service, and the uncredibility of lay statements regarding asbestos exposure are against granting service connection.
The deciding factor: The service treatment records were negative for complaints or treatment related to COPD while on active duty, and there is no credible evidence of a diagnosis or continuous symptoms since service. The Veteran's lay claims of asbestos exposure and COPD during service are not competent evidence due to the specialized medical knowledge required.
- Claimed conditions
- Chronic Obstructive Pulmonary Disease (COPD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- November 28, 2011
- Citation
- 1143425
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 1143425.
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 Board has decided to remand the claim of service connection for COPD due to duty-to-assist errors and a need for a supplemental medical opinion.
- Whole decision: Denied
The Veteran's appeal to reduce the ratings for OSA and COPD with asthma and granuloma of the lung was denied, as well as his attempt to add a claim for service connection for aphasia secondary to TBI. The appeals were dismissed due to untimeliness.
- Whole decision: Remanded (sent back)
The Veteran's claim for service connection for COPD is remanded due to a duty to assist error. The Board requests an addendum opinion from a pulmonologist or clinician with appropriate expertise to determine if the Veteran's COPD is etiologically related to his VA conceded TERA exposure, including exposure to TCDD, jet fuel and engine exhaust, hazardous chemicals, lead, vehicle engine exhaust fumes, chemical vapors, oily/hazardous waste, chemical solvents, and compressed gases.
- Whole decision: Denied
The Veteran's COPD was evaluated and found not to meet the criteria for a compensable disability rating based on the provided pulmonary function test results. The Board denied the claim as there is no evidence of service connection or exposure basis that would warrant a higher rating.
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