The Board found that the Veteran's respiratory disability existed prior to his active service and was not aggravated by it. The VA examiner concluded that the condition was a direct result of the Veteran's smoking and weight gain, rather than any exposure during his military service.
The deciding factor: The pre-existing nature of the respiratory disability and its progression due to the Veteran's lifestyle factors outweighed any potential aggravation from service.
- Claimed conditions
- respiratory disability, obstructive lung disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- September 25, 2012
- Citation
- 1233162
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 1233162.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Denied
The Board denied the Veteran's claims for service connection for a right knee disability, restless leg syndrome, and respiratory disability due to lack of evidence showing in-service incurrence or aggravation of these conditions.
- Dismissed
The Veteran withdrew his appeal regarding the claims for service connection for a skin condition, traumatic brain injury, a respiratory disability, bilateral shin splints, and bilateral flatfoot.
- Remanded (sent back)
The Board has remanded the claim of service connection for a respiratory disability, including emphysema and mucus with coughing due to an error in providing notice. The AOJ is instructed to provide the Veteran with notice of his right to a hearing.
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.