The Veteran's claim for service connection for COPD, to include as due to herbicide exposure and/or smoking was denied. The Board found no evidence of a current disability or in-service incurrence or aggravation of an injury or disease related to the claimed conditions. The Veteran's bilateral hearing loss disability has been rated at 30 percent disabling throughout the appeal period. The Veteran is not entitled to TDIU benefits as his service-connected disabilities do not preclude him from maintaining substantially gainful employment.
The deciding factor: The evidence did not establish a current COPD disability or in-service incurrence of an injury related to the claimed conditions, and therefore, service connection was denied. The Veteran's bilateral hearing loss disability has been rated at 30 percent disabling throughout the appeal period. The Board found that his service-connected disabilities do not preclude him from maintaining substantially gainful employment.
- Claimed conditions
- Chronic Obstructive Pulmonary Disease (COPD), to include as due to herbicide exposure and/or smoking
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Burn pits / airborne hazards
- Rating
- Not verified here — check the original decision
- Decision date
- January 13, 2012
- Citation
- 1201347
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 1201347.
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: Dismissed
The Veteran's claim for an earlier effective date for diabetes mellitus type II with erectile dysfunction was denied as the evidence did not show that he had been diagnosed and manifested to at least a 10 percent disability rating on or prior to May 8, 2001.
- Whole decision: Granted
Service connection for Posttraumatic Stress Disorder (PTSD) is granted. The appeal as to the issue of entitlement to service connection for erectile dysfunction is dismissed.
- Whole decision: Remanded (sent back)
The Board has remanded the claims for additional development due to conflicting opinions regarding service connection for peripheral neuropathy, hypertension, and skin disabilities related to herbicide exposure.
- Whole decision: Granted
The Veteran's tinnitus is presumed to have been incurred in service due to noise exposure during his time in Vietnam.
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