The Board found that the initial VA treatment did not cause the Veteran's additional lung disability, and there was no fault on VA's part.
The deciding factor: VA's failure to diagnose pneumonia promptly caused by a missed chest x-ray resulted in worsening of the condition.
- Claimed conditions
- Restrictive lung disease, Pneumonia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- August 6, 2012
- Citation
- 1227096
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 1227096.
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: Granted
The Veteran's September 4, 2024 HLR request was improperly rejected by the AOJ. The Board finds that the request is timely and valid, and reinstates the claims for earlier effective dates and increased ratings.
- Whole decision: Dismissed
The Veteran withdrew his appeals for service connection of left shoulder, left sinus tarsi syndrome disorder, right sinus tarsi syndrome disorder, left ankle condition and right ankle condition.,Service connection was granted for restrictive lung disease, lumbosacral strain condition, left knee condition, right knee condition, bilateral metatarsalgia condition and bilateral plantar fasciitis condition.
- Whole decision: Denied
The Board denied service connection for the cause of the Veteran's death, finding that none of the listed causes were related to his military service and no service-connected disability contributed to his death.
- Whole decision: Granted
The Board found that the original grant of service connection for restrictive lung disease was not clearly and unmistakably erroneous, thus granting restoration of service connection.
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.