The Board has determined that new and material evidence has not been received to reopen the Veteran's claim of service connection for COPD due to asbestos exposure. The evidence submitted does not raise a reasonable possibility of substantiating the claim.
The deciding factor: New evidence, while related to the issue on appeal, is insufficient to establish service connection as it does not relate to an unestablished fact necessary to substantiate the claim.
- Claimed conditions
- COPD (Chronic Obstructive Pulmonary Disease)
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 24, 2012
- Citation
- 1225564
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 1225564.
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the appeal because the Appellant did not file a timely substantive appeal after receiving the SOC, and there was no evidence of circumstances warranting equitable tolling.
- Denied
The Board denied the Veteran's claim for an increased disability rating in excess of 10 percent for his service-connected bilateral pleural scar with obstructive and restrictive pulmonary disease, COPD and chronic bronchitis.
- Denied
The Board denied service connection for chronic bronchitis, COPD, and emphysema but granted a 10 percent rating for hypertension.
- Remanded (sent back)
The Board remands the claims for service connection and an increased rating for the Veteran's respiratory conditions, including chronic sinusitis, chronic bronchitis, COPD, shortness of breath, and allergic rhinitis, to correct pre-decisional duty to assist errors.
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