The Board found that the Veteran's respiratory disorders, including bronchial asthma and chronic bronchitis, are not service-connected due to lack of evidence linking them to his in-service exposure to burning human waste. The decision is considered erroneous because it disregarded favorable medical opinions based on the Veteran's history.
The deciding factor: The Board incorrectly found that the medical opinions were of no probative value solely based on their reliance on the Veteran's subjective history, which is inconsistent with legal requirements and Court decisions.
- Claimed conditions
- bronchial asthma, chronic bronchitis, allergic rhinitis
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- March 25, 2013
- Citation
- 1309974
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 1309974.
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.
- Denied
The Veteran's service-connected bronchial asthma does not preclude him from maintaining substantial gainful employment.
- Dismissed
The Veteran's appeals for service connection for asthma and a 10 percent rating based on multiple noncompensable service-connected disabilities were dismissed. The claim of entitlement to a compensable rating for eczema was denied, while the claim of entitlement to allergic rhinitis was not addressed as it pertained to different issues.
- Granted
The Veteran's service-connected disabilities rendered him so helpless as to be in need of regular aid and attendance, leading to the grant of SMC based on aid and attendance.
- Remanded (sent back)
The Board has decided to remand the case due to a lack of adequate examination and opinion regarding the Veteran's claimed chronic bronchitis. The Veteran is seeking service connection for this condition, which was denied in an initial decision. The VA examiner did not address the medical record indicating a current diagnosis of chronic bronchitis.
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